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.

[Q]: and to allow it to brief the issue of whether the statute of limitations should be equitably tolled as to potential opt-in plaintiffs in this action. ECF No. 14. The motion for reconsideration, plaintiffs response, and defendant's reply amount to the' very briefing of the issue that the motion seeks. See ECF Nos. 14, 15 and 16. It boils down to a simple proposition, succinctly summarized by Judge Blackburn in a case cited by the defendant: "Tolling is available' only 'when [a plaintiff] diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control.'" Young v. Dollar Tree Stores, Inc., No. 11-cv-REB-MJW, 2013 WL 1223613, R *2 (D. Colo. March 25, 2013). Cf. Marsh v. Soares, 223 F.3d 1217, 1220 (10th Cir. 2000) (<HOLDING>). Here, we have a district court order in the
Holding statements: (A) holding that equitable tolling is available when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence (B) holding that 2244d is subject to equitable tolling if ae petitioner demonstrates 1 that he has been pursuing his rights diligently and 2 that some extraordinary circumstance stood in his way and prevented timely filling quoting pace v diguglielmo 544 us 408 418 125 sct 1807 161 led2d 669 2005 (C) holding that extraordinary circumstances did not include the mere neglect of the professional who was in a position to file a timely application (D) holding in a habeas case that tolling is available when an inmate diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control (E) holding that ejquitable tolling is appropriate when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence
[A]: holding that equitable tolling is available when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence

[Q]: proceeding"). Here, the only evidence that th .Crim.App.2000) (stating, in motion to suppress context, "[T]he judge may believe or disbelieve all or any part of a witness's testimony, even if that testimony is not controverted"). Appellant's and Sanchez's after-the-fact, out-of-court averrals about appellant's ability to understand the proceedings and waivers he signed were untimely factual statements in appellant's self-interest. Even though the State did not offer affidavits to controvert appellant's and Sanchez's affidavits, it was within the trial court's discretion to disbelieve the assertions contained in those affidavits that appellant does not read or speak English. See Charles, 146 S.W.3d at 210; Shanklin, 190 S.W.3d at 167; see also Phuong Anh Thi Le, 300 S.W.3d at 327 (<HOLDING>). The trial court, and not this Court, is in
Holding statements: (A) holding that the court should make factual findings from the record evidence as if it were conducting a trial on the record (B) holding that in reviewing trial courts ruling on habeas corpus petition reviewing court must defer to all of trial courts implied factual findings supported by record (C) recognizing that the bia must defer to the factual findings of the ij unless they are clearly erroneous (D) holding that as long as the findings are supported by substantial evidence the board must defer to the hearing committees credibility determinations because they are subsidiary findings of basic facts (E) holding that appellate court must defer to all implied factual findings supported by record
[A]: holding that the court should make factual findings from the record evidence as if it were conducting a trial on the record

[Q]: In order to guide the district court in its decision, we now discuss the conduct necessary for a defendant to forfeit the right to counsel. Forfeiture results in the loss of the right to counsel regardless of the defendant's knowledge of either the consequences of his actions or the dangers of self-representation. Id. at 1100. Forfei ture of the right to counsel "does not require the court to conduct a waiver colloquy with the defendant" and is "usually reserved for severe misconduct, when other efforts to remedy the situation have failed." Jones, 772 N.W.2d at 505. The district court concluded that ses in which a defendant has threatened the life of his counsel or engaged in a pattern of threatening and abusive behavior. Commonwealth v. Thomas, 879 A.2d 246, 258 (Pa.Super.Ct.2005) (<HOLDING>); see United States v. Thompson, 335 F.3d 782,
Holding statements: (A) holding that appellant forfeited his right to counsel through his pattern of serious misconduct abuse threats and utter failure to collaborate in his own defense (B) holding that appellant forfeited his complaint regarding his postadjudication sentence because he did not object at trial or present his motion for new trial (C) holding that a defendant must demonstrate that the governments intrusion upon his relationship with his attorney created a possibility of either injury to his defense or benefit to the government in order to establish a violation of the right to counsel (D) holding that a habeas petitioner was not entitled to relief from a state courts determination that he had forfeited his right to counsel by physically assaulting his attorney and threatening to put a contract on his attorneys life (E) holding that appellant forfeited his complaint regarding his sentence because he did not object at trial
[A]:
holding that appellant forfeited his complaint regarding his postadjudication sentence because he did not object at trial or present his motion for new trial