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.
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Question: is narrowly crafted to get to the heart of the motion for summary judgment without allowing a lot of potentially unnecessary discovery. Montoya has said he did not show Wilks or Armijo his computer screen, or tell them Todd's crimes; if Wilks says othexwise, there will likely be a genuine issue of fact requiring .the Court to deny the motions and allow the parties to proceed to trial. It seems fundamentally unfair to dismiss Todd's case when a deposition of Wilks may make his case. Further, this deposition will not burden any government employees or entities. Accordingly, the Court finds that this limited discovery falls within the exceptions to disallowing discovery once the defense of qualified immunity has been raised. See Garrett v. C.A. Stratmen [Stratman], M.D., 254 F.3d at 953 (<HOLDING>). The Court does not believe this one
Holding statements: (A) holding that as a general rule interlocutory trial court orders rejecting defenses of common law sovereign immunity governmental immunity public official immunity statutory immunity or any other type of immunity are not appealable under the maryland collateral order doctrine (B) holding that where defendant claiming qualified immunity relies on facts that are in dispute qualified immunity cannot be granted (C) recognizing that a discovery order in the context of qualified immunity is not immediately appealable when the defendants immunity claim turns at least partially on a factual question when the district court is unable to rule on the immunity defense without further clarification of the facts and which are narrowly tailored to uncover only those facts needed to rule on the immunity claim are neither avoidable or overly broad (D) holding that qualified immunity is not merely immunity from damages but also immunity from suit (E) holding that defendants are not entitled to qualified immunity

Answer: (C)

Question: v. Allen, 615 F.3d 1122, 1136 (9th Cir.2010) (emphasizing the parsimonious nature of an effective EA) (quoting 40 C.F.R. 1500.1(b)). The DOE has more than met its burden here. Accordingly, we find that the DOE's discussion of the 2005 anthrax shipping incident in the DREA and the FREA satisfies NEPA. b. The "Restricted" Experiments We do not reach the issue of whether the DOE's decision not to include information about "restricted" experiments in the FREA was arbitrary or capricious because the district court properly found that this argument was waived. Here, Tri-Valley CAREs did not address the district court's ruling that the argument was deemed waived in its opening appellate bricf. Thus, the issue is not properly before us. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir.1999) (<HOLDING>). Claims not made in an opening brief in a
Holding statements: (A) holding that arguments not raised by a party in its open ing brief are deemed waived (B) holding that arguments not raised in district court are waived (C) holding that arguments not raised before the trial court are waived (D) holding that arguments not raised in the opening brief are waived (E) holding that arguments that are not raised or that are not accompanied by factual and legal support are deemed waived

Answer: (A)

Question: to the merits of the ease" and the defendant must not be prejudiced in "his defense on the merits." Id. The State may not seek amendments altering the material set of facts in the indictment or "materially alter(ing) a defense to the indictment ... to prejudice the defendant's case." Griffin v. State, 584 So.2d 1274, 1276 (Miss.1991) (Griffin II). The test for determining whether an amendment will prejudice the defendant's case is "whether a defense as it originally stood would be equally available after the amendment is made." Griffin v. State, 540 So.2d 17, 21 (Miss.1989) (Griffin I). Holmes argues that amending the indictment to a different charge is prejudicial and reversible error. Griffin v. State, 584 So.2d 1274, 1275 (Miss.1991); Shive v. State, 507 So.2d 898, 900 (Miss.1987) (<HOLDING>). Holmes' defense, that the taking of property
Holding statements: (A) holding that in the situation of a possible dismissal of an indictment because of possible grand jury tampering only where knowing perjury relating to a material matter has been presented to the grand jury should the trial judge dismiss an otherwise valid indictment (B) holding that the indictment was permissibly amended to change the description of a stolen watch (C) holding indictment may not be amended to change charge except by action of the grand jury because amendments can only go to form and not substance (D) holding that the trial court erred in denying the defendants motion in arrest of judgment when the indictment lacked a material element and it was not apparent that the grand jury based the indictment on facts that satisfy this element of the crime and that the only permissible cure was to send the matter back to the grand jury (E) holding that tribal courts are not subject to the fifth amendments requirement of indictment by grand jury

Answer:
(C)