Detailed Instructions: 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.
Problem:at 267. More importantly, even if an offer of judgment to a plaintiff is comprehensive and undisputed, courts will not dismiss the case as moot if there is a pending motion for conditional certification and additional individuals have opted in the litigation. See, e.g., Velasquez, 842 F.Supp.2d at 488 ("In view of the facts that an opt-in plaintiff has been identified and a motion for conditional collective action certification has been made, the court holds that this matter is not moot.") Rubery, 494 F.Supp.2d at 181 (denying defendant's motion to dismiss as premature in light of plaintiffs pending motion for collective action certification and the joinder of putative class members); Bah v. Shoe Mania, Inc., No. 08 Civ. 9380(LTS)(AJP), 2009 WL 1357223, at *2 (S.D.N.Y. May 13, 2009) (<HOLDING>). In general, "courts are wary of attempts by
Holding statements: (A) holding that entry of settlement decree without notice to putative class members violated the due process rights of the class members (B) holding that even if the offer of judgment was undisputed the case could not be dismissed in light of plaintiffs pending motion for conditional certification including authorization to issue optin notice to putative class members and the fact that one additional plaintiff had already joined the action (C) holding that the right of all putative members of a proposed class in an action filed pursuant to kansass class action rule of civil procedure to file a separate action is preserved pending the determination of whether the initial case shall be maintained as a class action (D) recognizing that in appropriate circumstances the court may limit the parties communications with putative class members prior to decision on conditional certification question in a 216b action (E) holding that putative class members are not parties to an action prior to class certification
Solution:
holding that entry of settlement decree without notice to putative class members violated the due process rights of the class members