instruction:
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.
question:
stored on a BBS pending delivery). Because subsection (A) applies only to messages in "temporary, intermediate storage," however, these courts have limited that subsection's coverage to messages not yet delivered to their intended recipient. See DoubleClick, 154 F.Supp.2d at 512; Fraser, 135 F.Supp.2d at 636. Defendants point to these cases and argue that messages remaining on an ISP's server after delivery no longer fall within the Act's coverage. But, even if such messages are not within the purview of subsection (A), they do fit comfortably within subsection (B). There is no dispute that messages remaining on NetGate's server after delivery are stored "by an electronic communication service" within the meaning of 18 U.S.C. 2510(17)(B). Cf. DoubleClick, 154 F.Supp.2d at 511 (<HOLDING>). The only issue, then, is whether the messages
Holding statements: (A) holding that emails stored by employee on hard drive of companyissued laptop were not in electronic storage as contemplated by the sca (B) holding that email messages stored on a computer but not yet read were in electronic storage (C) holding that an individuals reasonable expectation of privacy in the content of email communications is not vitiated by an understanding that the thirdparty service provider will maintain independent access to them noting that electronic communication is as important to fourth amendment principles today as protecting telephone conversations has been in the past (D) holding that defendants communications sent into tennessee did not constitute purposeful availment because all were in response to communications initiated by the plaintiff (E) holding that subsection b did not apply because the communications at issue were not being stored by an electronic communication service
answer:
holding that emails stored by employee on hard drive of companyissued laptop were not in electronic storage as contemplated by the sca

question:
in the record of any possible medical treatment that Monroe County or the individual defendants could have provided to save the life of the Decedent. Phillips argues in her brief that it is not necessary for her to prove chemotherapy would have saved the Decedent's life. First, she refers to the fright and anxiety both she and the Decedent suffered because of the delay in chemotherapy. In this regard, Phillips confuses the causation issue. In a survival action, damages for the Decedent's physical suffering and mental anxiety as a result of the alleged deprivation of medical care would have been appropriate. In a wrongful death context, however, no damages are available until the plaintiff has cleared the causation hurdle. See Wilks v. Am. Tobacco Co., 680 So.2d 839, 842 (Miss.1996) (<HOLDING>). Second, Phillips suggests that she need only
Holding statements: (A) recognizing cause of action for wrongful death (B) holding that plaintiffs failure to prove decedents death was caused by the wrongful acts of the defendant precludes any recovery of wrongful death damages under mississippis wrongful death statute (C) holding unconstitutional a state wrongful death statute which denied illegitimate children the right to recover for the wrongful death of their mother (D) holding that a failure to include a beneficiary in a wrongful death action is a defect because the wrongful death act restricts plaintiffs to a single action (E) holding that mississippis wrongful death statute creates an independent cause of action
answer:
recognizing cause of action for wrongful death

question:
to Mr. Cluff s conversation with Mr. Floyd, would have been cumulative of this prior testimony. See Hernandez-Urista, 9 F.3d at 84 (determining that the denial of a request for a subpoena is supported when witness testimony is merely cumulative); United States v. Mayes, 917 F.2d 457, 462 (10th Cir.1990) (same). As a final point, we note that the timing of Mr. Pursley's Rule 17(b) request supports the propriety of its denial. Although Mr. Pursley filed his motion on the first day of trial, he never attempted to make a nonconclusory showing of necessity until the government rested. Mr. Pursley provided no justification for failing to act sooner. Granting Mr. Pursley even partial relief at that point had the potential to delay the completion of the trial. See Bloomgren, 814 F.2d at 585 (<HOLDING>); United States v. Stoker, 522 F.2d 576, 579
Holding statements: (A) holding that lack of timeliness of a rule 17b application supported the district courts decision to deny twentythree of twentysix requested subpoenas (B) holding that timeliness of filing of notice of appeal is a jurisdictional issue (C) holding costs of service of subpoenas recoverable (D) recognizing district court application of the same rule (E) holding that a rule 17b application filed on last day of governments case lacked timeliness and supported district courts limitation on subpoena requests
answer:
holding that timeliness of filing of notice of appeal is a jurisdictional issue