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. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Input: Consider Input: absence of any effort to serve Bustos with a summons or a complaint, the Receiver cannot claim substantial compliance with Rule 4. The Receiver's failure even to attempt to comply with Rule 4 is no "minor defect," United Food & Commercial Workers Union v. Alpha Beta Co., 736 F.2d 1371, 1382 (9th Cir.1984), that can be remedied by actual notice. More importantly, the difficulty here runs deeper than mere insufficient service of process. The Receiver never filed a complaint and never named Bustos as a party. In other words, the Receiver never commenced an action against Bustos, see Fed. R. Civ. P. 3; it simply named Bustos in a motion for the disgorgement of allegedly ill-gotten gains earned through the sale of unregistered securities. See In re Alpha Telcom, 2004 WL 3142555, at *1 (<HOLDING>). Prior to Bustos's intervention in the action,
Holding statements: (A) holding pursuant to bankruptcy rule 7004b9 that because the creditor mailed the complaint and summons to the debtors attorney and to the address listed in the debtors bankruptcy petition service of process was sufficient even if the debtors were out of the country and did not actually receive notice of the complaint and summons (B) holding that the court lacks jurisdiction where a complaint was filed more than 30 days after the filing of the summons (C) holding that a title vii cause of action is limited to those discrimination allegations in the complaint that have been under the scrutiny of a formal eeoc complaint (D) holding that a formal summons and complaint were unnecessary because the motion before the court is not an independent action (E) holding that service of a statecourt summons and complaint after removal to federal court is valid service

Output: (D)

Input: Consider Input: February 8, 2011 probation extension order failed to extend his probation period because the October 26, 2005 restitution order was improperly delegated to the probation officer, rather than determined by the circuit court as required by Code 19.2-305.1(D), thus any subsequent order is invalid. In relevant part, Code 19.2-305.1(D) states that "[a]t the time of sentencing, the court shall determine the amount to be repaid by the defendant and the terms and conditions thereof." The amount of restitution to be paid by the defendant is within the sole province of the circuit court to determine and that determination may not be delegated to another department of government. See Code 19.2-305.2; see also McCullough v. Commonwealth, 38 Va.App. 811, 815, 568 S.E.2d 449, 451 (2002) (<HOLDING>). In this case, the circuit court's October 26,
Holding statements: (A) holding that the sentencing judge could consider the defendants subsequent arrest even though the charges were dismissed during sentencing (B) holding part of the sentencing phase of trial the restitution amount is determined following conviction and is a matter resting within the sole province of the sentencing judge (C) holding that the hearsay rule is not suspended in the sentencing phase (D) holding that when trial court orders restitution at sentencing pursuant to statute the defendant is entitled to notice of the amount claimed and the opportunity to dispute the amount (E) holding that the postconviction court is the sole judge of the weight of the evidence and the credibility of witnesses

Output: (B)

Input: Consider Input: City would inspect it. N.T., 2/14/14, at 59. In light of this concession, Tube City could not now prevail on its argument that the attorney-client privilege was waived because Dr. Ozol took the stand with these documents in his file. 9 . Under this subsection, Tube City also argues that the trial court should have struck these claims because they were barred by the statute of limitations. Tube City's Brief at 43. This argument does not relate to whether Roller adequately established the elements of fraud or negligent misrepresentation, but is a completely separate issue. Tube City did not include an issue raising the statute of limitations in its statement of questions involved, see Tube City's Brief at 4, and so it has been waived. Cobbs v. SEPTA, 985 A.2d 249, 256 (Pa.Super.2009) (<HOLDING>); Pa.R.A.P. 2116(a) ("No question will be
Holding statements: (A) holding an issue not raised in the bankruptcy court was waived on appeal (B) holding that issue not explicitly raised in appellants statement of the questions involved is waived (C) holding issue not raised in the bankruptcy court was waived on appeal (D) holding that matters not raised in an appellants briefing in the court of appeals are waived (E) holding that an issue not raised on appeal is waived
Output: (B)