In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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Question: who have not returned their consents 30 days from the date notice is mailed as unnecessary. Plaintiff replies that reminder notice is necessary because potential class members work in remote locations far away from their homes for long periods of time. Plaintiff argues that reminder notice affects the broad remedial purposes of the FLSA and ensures that potential class members receive notice of their rights and potential claims. District courts are split as to whether reminder notices to potential class members are proper in FLSA actions. See Santinac v. Worldwide Labor Support of Illinois, Inc., 107 F.Supp.3d 610, 618-19, 2015 WL 3486971, *6 (S.D.Miss. June 2, 2015) (citing Garcia v. TWC Administration, LLC, Civil Action No. SA: 14-CV-985-DAE, 2015 WL 1737932 (W.D.Tex, April 16, 2015) (<HOLDING>)). Courts that have denied requests for 
 Holding statements: (A) holding that district courts do not have appellate jurisdiction over state courts (B) recognizing that uniformity has at its heart the equalization of the ratio among all properties in the district (C) holding that a district courts findings under rule 52a are to be liberally construed in support of the district courts judgment (D) recognizing split among district courts (E) recognizing district courts discretion to consider pending state charge in determining sentence

Answer: holding that district courts do not have appellate jurisdiction over state courts


Question: commercial, including ... [any maritime contract evidencing a transaction involving commerce], falls under the Convention. An agreement or award arising out of such a relationship which is entirely between citizens of the United States shall be deemed not to fall under the Convention unless that relationship involves property located abroad, envisages performance or enforcement abroad, or has some other reasonable relation with one or more foreign states. For the purpose of this section a corporation is a citizen of the United States if it is incorporated or has its principal place of business in the United States. 9 U.S.C. §§ 201 and 202; see also 9 U.S.C. § 2. A seaman’s contract that contains an agreement to arbitrate generally falls under the convention. Bautista, 396 F.3d at 1299 (<HOLDING>) (citing Francisco v. STOLT ACHIEVEMENT MT, 293 
 Holding statements: (A) holding that the court was not bound by the parties agreement that contracts were unambiguous and holding that contracts were ambiguous (B) holding implied covenant of good faith and fair dealing found in some commercial contracts does not extend to atwill employment contracts (C) holding that contracts for an indefinite period are excluded from the statutes coverage (D) holding that at will contracts of employment are subject to tortious interference with contracts claims (E) holding that the convention and us implementing statutes do not recognize an exception for seaman employment contracts and concluding that such contracts are commercial for purposes of same

Answer: holding that the court was not bound by the parties agreement that contracts were unambiguous and holding that contracts were ambiguous


Question: Suggesting an Initial Written Warning." At the end of that list, Policy 210 warns, "Repeated violations of any of the above examples or other more serious offenses will result in more extreme disciplinary action, up to and including termination of employment." Policy 210 then provides thirteen "Examples of Misconduct Suggesting Termination." The misconduct section of Policy 210 states, "Misconduct, depending on its seriousness, will generally be addressed by means of written warning ... or other discipline up to and including termination." Thus, the misconduct provisions of Policy 210 indicate that NCR retains some discretion as to when and whether to provide a written warning before terminating an employee. See Sanderson v. First See. Leasing Co., 844 P.2d 308, 306 (Utah 1992) (<HOLDING>). €89 With respect to performance issues, 
 Holding statements: (A) holding failure to follow progressive discipline policy does not constitute pretext when employer reserves right to fire atwill employees without notice (B) holding that the statement in the employers progressive discipline policy that in situations where employee behavior warrants immediate termination the stages of this process do not need to be followed granted the employer unbounded discretion to discharge employees without following the guidelines (C) holding no pretext for not following progressive discipline where policy contemplated immediate termination for certain offenses (D) holding the employer breached the duty owed to its employee by erroneously advising the employee he would continue to have coverage for 30 days following his termination of employment under the employers group policy (E) holding failure to follow progressive discipline does not demonstrate pretext when use of the policy is entirely discretionary

Answer:
holding failure to follow progressive discipline policy does not constitute pretext when employer reserves right to fire atwill employees without notice