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.

relevant facts. See Mot. at 13-14. Defendant, too, claimed in its subsequent statement of the issues that this talk happened between April 1 and April 4 and cited the same supportive evidence to this effect. See SOF, 73 (citing Howe Dep. at 32:7-12, 34:12-19 and May 13, 2014, Howe Email). Because Marks never refuted this fact by offering his own statement of the issues, as required under Local Rule 7(h), the Court could thus consider WWL's account admitted on this ground alone. See LCvR 7(h) ("[I]n determining a motion for summary judgment, the Court may assume that facts identified by the moving party in its statement of material facts are admitted, unless such a fact is controverted in the statement of genuine issues filed in opposition to- the motion."); Jackson, 101 F.3d at 153 (<HOLDING>). The Court, however, need not rest on this
Holding statements: (A) holding that the relevant inquiry is not whether the court has discretion to facilitate notice but whether this is an appropriate case in which to exercise discretion (B) holding district court has complete discretion whether to treat facts as conceded where local rule is violated (C) holding the district court did not abuse its discretion by applying local rules that excluded some of the material facts offered in opposition to a motion for summary judgment (D) holding that the predecessor to local rule 561b3 provides the only acceptable means of presenting additional facts to the district court (E) holding a district court has discretion under rule 55b2 once a default is determined to require proof of necessary facts and need not agree that the alleged facts constitute a valid cause of action
holding that the relevant inquiry is not whether the court has discretion to facilitate notice but whether this is an appropriate case in which to exercise discretion

hold that a court of appeals may not award a new trial on the basis of an erroneous eviden-tiary decision" in the absence of a post-verdict motion. Fuesting v. Zimmer, Inc., 448 F.3d 936, 939 (7th Cir.2006). Likewise, in Metcalf v. Bochco, 200 Fed.Appx. 635, 637 n. 1 (9th Cir.2006), the Ninth Circuit stated that Unitheim "deals with the specific situation of a party's failure to renew, post-verdict, a Rule 50 motion challenging the sufficiency of the evidence in a civil jury trial" and reasoned that "Unitherm is inapposite" to Metcalf's case because the appellants did not "challenge the sufficiency of the evidence on appeal." 3 . Our circuit has repeatedly accepted such claims of retaliation for taking FMLA leave. See, e.g., Arban v. West Publ'g Corp., 345 F.3d 390, 403 (6th Cir.2003) (<HOLDING>); Wysong v. Dow Chemical Co., 503 F.3d 441,
Holding statements: (A) holding that employers oral denial of plaintiffs request for fmla leave showed interference (B) holding that 825220c is a reasonable interpretation of the statutes prohibition on interference with and restraint of employees rights under the fmla 2615a1 and that the labor departments conclusion that employer use of the taking of fmla leave as a negative factor in employment actions violates the act is a reasonable one (C) holding that an employee who did not present evidence that she could have returned to work prior to the expiration of her fmla leave allowance was not entitled to additional leave merely because her employer had not properly provided her with notice that the leave was designated as fmla leave (D) holding that there was sufficient evidence to support the jurys conclusion that west retaliated against arban for taking leave under the fmla (E) holding that employee who exceeded fmla leave was subject to immediate discharge on the very first workday that he was both absent from work and no longer protected by the fmla
holding that employers oral denial of plaintiffs request for fmla leave showed interference

("The strength of the government's case against the defendant is probably the most critical factor in determining whether an error affected the verdict."). II. Sentencing Defendant argues that his case should be remanded for resentencing in compliance with the retroactive application of changes in the Guidelines pertaining to crack cocaine. Defendant's offense level, however, was set not by U.S.C.G. 2D1.1, the amended provision, but rather by U.S.C.G. 4B1.1, because of his status as a career offender. Cf. United States v. Ogman, 535 F.3d 108, 108 (2d Cir.2008) (per curiam) (<HOLDING>). We nevertheless observe, and the Government
Holding statements: (A) holding that reduced career offender status was nonetheless based the career offender guidelines (B) holding that after united states v booker 543 us 220 125 sct 738 160 led2d 621 2005 a sentencing court cannot vary from advisory sentencing range by substituting its own crack cocainepowder cocaine ratio for the 100tol ratio established by congress (C) holding that sentences imposed under the career offender guideline are not eligible for remand under kimbrough and taylor because a sentence under the career offender guideline raises no kimbrough problem (D) holding that it is not necessary to remand for resentencing under kimbrough v united states us 128 sct 558 169 led2d 481 2007 when a defendants sentence was not the result of the 100tol powder to crack ratio but rather resulted from his status as a career offender under uscg 4blla (E) holding that the career offender guideline could not directly apply when there was an unsentenced conviction but allowing the district court on remand to consider departing from the guidelines in order to sentence a defendant whose conduct delayed his convictions as if the career offender provision applied
holding that reduced career offender status was nonetheless based the career offender guidelines