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.

[EX Q]: that in December 1995, his wage was $8.67 per hour. Lewis stated that a Caucasian employee, who misrepresented his knowledge of desktop publishing, was hired at a rate of $9.00 per hour in his department. This employee ultimately was "[p]ushed out the door." Supp.App. at 354. Lewis also stated that another Caucasian employee received a pay increase from $7.50 to $8.25 per hour after he went from part-time to full-time status, and that a third Caucasian employee told him that he received a raise after his father called the store manager. The District Court held that Lewis failed to establish a prima facie case of discrimination because he had not shown that the employees he identified were similarly situated to him. See Watson v. Eastman Kodak Co., 235 F.3d 851, 857-58 (3d Cir.2000) (<HOLDING>). Finally, on his wrongful termination claim,
Holding statements: (A) holding that caucasian employees who engaged in the same act as the plaintiff but it did not result in injury to others were not similarly situated (B) holding that a plaintiff who did not show that he was paid at a lower rate than similarly situated employees could not survive summary judgment (C) holding that plaintiff was not similarly situated to another employee who also engaged in protected activity for purposes of plaintiffs retaliation claim (D) holding that employees of differing seniority levels were not similarly situated (E) holding that employee who violated a different policy of the store than plaintiff was not similarly situated
[EX A]: holding that caucasian employees who engaged in the same act as the plaintiff but it did not result in injury to others were not similarly situated

[EX Q]: F.3d 608, 612 (5th Cir.1996)). We conclude that, although the district court erroneously determined that the principles of Daubert did not apply to the re-creation and Agent Constantino's testimony, the district court did not err in admitting the evidence. Under Daubert, the district court conducts a "preliminary assessment of whether the reasoning or methodology underlying the testimony is scientifically valid and of whether that reasoning or methodology properly can be applied to the facts in issue." Daubert, 113 S.Ct. at 2796; see Fed.R.Evid. 702 . This "gate-keeping" obligation on the part of the district court applies to all types of expert testimony, not just scientific testimony. See Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 119 S.Ct. 1167, 1174, 143 L.Ed.2d 238 (1999) (<HOLDING>). Many factors may bear on this inquiry,
Holding statements: (A) holding that dauberts basic gatekeeping obligation applies to all expert testimony (B) holding that the admission of expert testimony was prejudicial where the testimony was pervasive (C) recognizing the basic principle of contract law that the obligation of good faith is an implied condition in every contract (D) holding that insurance obligation was primary to indemnity obligation (E) holding that a request for funds for expert testimony must show inter alia that the testimony is crucial and is subject to varying expert opinions
[EX A]: holding that the admission of expert testimony was prejudicial where the testimony was pervasive

[EX Q]: were adjudicated with the debts established in a foreclosure decree. Cf. Malooly, 119 N.M. at 747-50, 895 P.2d at 269-72 (deciding not to decide the issue of whether a mortgagee who is the purchaser at a foreclosure sale can redeem from herself). Further, as suggested by Justice Minzner in Malooly, we are not foreclosed from considering what the practicing bar has recognized or assumed as to a particular redemption practice. Id. at 747, 895 P.2d at 269. That practice, we think, is exemplified in Springer Corp., in which an omitted junior mortgagee foreclosed its mortgage and was held to have a right to redeem from the senior mortgagee who had purchased the property at a sale following foreclosure of the senior mortgage. See 80 N.M. at 210, 458 P.2d at 3, 154 A. 537, 539 (1931) (<HOLDING>); cf. W. Bank v. Fluid Assets Dev. Corp., 111
Holding statements: (A) holding that a mortgagee could enforce mortgage covenants requiring the mortgagors to keep the property free of encumbrances even after it foreclosed by advertisement and purchased the property for the full amount of the mortgage debt because the mortgage covenants concerned title to the mortgaged property rather than repayment of the debt (B) holding that subsequent to a judicial sale the report of the sale must be made to and ratified by the court before a deed for the property is given by the trustee to the purchaser (C) holding that the redemption price was based on the amount bid at foreclosure and not what the subsequent purchaser paid for the property (D) holding that the sale vested in the purchaser a legal right to the property free of incumbrances imposed upon it subsequent to the mortgage foreclosed provided that the holders of such incumbrances are made parties to the foreclosure (E) holding that in contrast to foreclosure of a mortgage secured by personal property foreclosure of real property under a deed of trust need hot be at a commercially reasonable sale and the failure to conduct a commercially reasonable foreclosure sale of real property is not actionable
[EX A]:
holding that a mortgagee could enforce mortgage covenants requiring the mortgagors to keep the property free of encumbrances even after it foreclosed by advertisement and purchased the property for the full amount of the mortgage debt because the mortgage covenants concerned title to the mortgaged property rather than repayment of the debt