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. 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.
Input: facie case of retaliation. Upon review of the record, we find that the University satisfied its burden by producing evidence indicating that its actions were taken because of changes in Khazzaka's conduct. See Defendant's Motion for Summary Judgment, Exh. 1, Passon Affidavit at 9-14, 18-21, 81-83; id., Exh. 2, Adams Affidavit at 9-22; id., Exh. 3, Wiley Affidavit at 28-54. Although Khazzaka disputes some of this evidence, see Plaintiffs Response to Defendant's Statement of Material Facts, he has not presented any evidence from which a fact-finder could disbelieve the University's as serted reasons and/or believe that discrimination or retaliation was a motivating cause for the actions. See Fuentes, 32 F.3d at 764; Estate of Smith v. Marasco, 318 F.3d 497, 514 (3d Cir.2003) (<HOLDING>) (emphasis omitted). Consequently, the
Holding statements: (A) holding that a nonmoving party cannot defeat a motion for summary judgment by relying on conclusory statements (B) recognizing that nonmoving party must present affirmative evidence to defeat summary judgment (C) holding that the nonmoving party must show how additional discovery will defeat the summary judgment motion ie create a genuine dispute as to a material fact and that the nonmoving party must show that he has diligently pursued discovery of the evidence in question (D) holding that the nonmoving party must produce more than a scintilla of evidence to survive summary judgment (E) holding that the nonmoving party may not defeat a summary judgment motion by standing on the bare allegations in the pleadings
Output:
(B)