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.

Ex Input:
and, therefore, uninformed. We cannot agree. There is no statement of personal knowledge by the executrix stating whether Burnett consulted with legal counsel prior to executing the CSA or Guaranty. Plaintiff certified JTB, Inc. defaulted under the CSA and provided the documents supporting entry of judgment against it. JTB, Inc. never challenged the action or the relief sought. Proof of the Guaranty and its execution by Burnett was also provided to support judgment under the cognovit provision. Moreover, the Guaranty is clearly written and its waiver provisions are boldly identified, as is the confession of judgment clause. Importantly, plaintiffs action was based on the Guaranty, not the terms of its CSA with JTB, Inc. See Tam Enters., supra, 369 N.J.Super. at 59, 848 A.2d 27 (<HOLDING>). Further, the provision contains a succinct
Holding statements: (A) holding that selfserving deposition testimony standing alone is insufficient to survive a motion for summary judgment (B) holding a guarantee of a note that contains a cognovit provision alone is insufficient to permit confession of judgment against the guarantors (C) holding that notice of judgment was insufficient (D) holding that a confessed judgment was not enforceable against a corporate president who individually guaranteed payment of corporate note signed by him in his capacity as president and which authorized confession of judgment (E) holding that adverse inference alone insufficient to support a motion for summary judgment

Ex Output:
(B)

Ex Input:
between 1983 and 1986. Stanley's engineer, Hreha, was present throughout Powers' deposition. The Court revisits its ruling upon further contemplation of the purpose of a Rule 30(b)(6) deposition. In a Rule 30(b)(6) deposition, there is no distinction between the corporate representative and the corporation. See United States v. Taylor, 166 F.R.D. 356, 361 (M.D.N.C.1996) (noting that in a Rule 30(b)(6) deposition "[t]he corporation appears vicariously through its designee"). "The Rule 30(b)(6) designee does not give his personal opinion. Rather, he presents the corpo ration's 'position' on the topic." Id. (citing cases). The designee testifies on behalf of the corporation and holds it accountable accordingly. See Starlight Int'l, Inc., v. Herlihy, 186 F.R.D. 626, 688 (D.Kan.1999) (<HOLDING>) (quoting Audiotext Communications Network,
Holding statements: (A) holding individual who signed contract on behalf of a corporation is individually liable where he knew corporation was not incorporated at the time the contract was executed (B) holding that a corporation has a duty under rule 80b6 to provide someone who is knowledgeable in order to provide binding answers on behalf of the corporation (C) holding that an officer or director generally owes a fiduciary duty only to the corporation over which he exercises management authority and any breach of fiduciary duty claims arising out of injuries to the corporation in most cases may only be brought by the corporation itself or derivatively on its behalf (D) holding that individuals assumption of the role of president of the corporation and her authority to sign documents on behalf of the corporation demonstrate that she had the requisite control over the corporation for purposes of finding individual liability under section 5a (E) holding that claims of corporation vest in corporation

Ex Output:
(B)

Ex Input:
judgment, and the hearing on the motion was set for October 18. The hearing was continued for three additional days to allow Perrotta the opportunity to review materials Farmers had produced in discovery and to question a Farmers representative about what each document was. When the hearing resumed, the court denied the motion for continuance and rendered summary judgment in favor of Farmers. A plaintiff is expected that additional time for discovery was needed to compel the production of documents Farmers had withheld based upon attorney-client privilege. Perrotta, however, did not show why the documents were material nor file a motion to compel production after being served with Farmers's responses. See Blake v. Lewis, 886 S.W.2d 404, 409 (Tex.App.Houston [1st Dist.] 1994, no writ) (<HOLDING>). Likewise, Perrotta claimed he needed
Holding statements: (A) holding that once a court has found good cause to protect material from public disclosure there is no longer any commonlaw right of access to this material and the party seeking disclosure must present sufficiently compelling reasons why the sealed discovery document should be released (B) holding that general allegations of a need for additional discovery will not suffice the person presenting such a claim must show what discovery has been obtained why it is inadequate and the what additional information he expects to obtain from additional discovery (C) holding that such information is not material under securities law (D) holding proponent of a motion for continuance should state what specific discovery is material and show why it is material (E) holding that disclosure during discovery of certain kinds of information including privileged material trade secrets attorney work product or material involving a confidential informant could constitute a material injury of an irreparable nature

Ex Output:
(D)