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.

Ex Input:
District Court Executive is directed to: (a) File this Order; (b) ENTER JUDGMENT consistent with this Order; (c) Provide copies of this Order and the Judgment to counsel; and (d) CLOSE THIS FILE. 1 . These facts can be found in the parties' Statements of Material Facts, submitted with briefing on the pending Motions pursuant to Rule 56 of the Federal Rules of Civil Procedure and Local Rule 56.1. The Court deems admitted any material fact asserted by a party and not rebutted by the opposing party. The parties agree on the facts recited in this section, except where otherwise noted. 2 . Several courts have held that Title III applies only to actual places, and that membership organizations are not subject to Title III. See, e.g., Elitt v. U.S.A. Hockey, 922 F.Supp. 217, 223 (E.D.Mo.1996) (<HOLDING>); Brown v. 1995 Tenet ParaAmerica Bicycle
Holding statements: (A) holding that hockey organization was not sufficiently linked to a place so not subject to ada (B) holding ada claim was discharged (C) holding that title ii of the ada is not applicable to the federal government (D) holding that national football league was not a place and therefore not subject to ada (E) holding that group organizing bike race was not subject to ada

Ex Output:
holding ada claim was discharged

Ex Input:
reasonably necessary. We affirm. Jurisdiction in the district court was proper based upon 18 U.S.C. 3231. Jurisdiction in this court is proper based upon 28 U.S.C. 1291. The notice of appeal was timely filed pursuant to Fed. it.App. P. 4(b). Background In the underlying criminal matter, defendant was indicted on August 22, 1995, on one count of possession of materials involving the sexual exploitation of a minor, in violation of 18 U.S.C. 2252(a)(4)(B). The indictment was based on three sexually explicit photographs, found in defendant's home, which he had taken of his twelve-year-old stepdaughter. Defendant was tried before a jury and found guilty. On appeal, this court vacated the conviction based upon an evidentiary issue. United States v. Heidebur, 122 F.3d 577 (8th Cir.1997) (<HOLDING>). On remand, defendant pled guilty. On January
Holding statements: (A) holding that district courts admission of evidence that defendant had sexually molested his stepdaughter was improper because it showed propensity and was not probative of his knowing possession of the photographs (B) holding improper admission of hearsay evidence is reversible error only when the admission causes prejudice (C) recognizing trial courts discretion in weighing the allegedlyimproper prejudicial aspects of photographs of victims against the photographs probative value (D) holding that evidence of violent crimes and other illegal activities of defendants gang was not unduly prejudicial because defendant was not directly implicated and the evidence was probative of elements of the crimes that the defendant was charged with (E) holding that district courts findings were not clearly erroneous where there was sufficient evidence that the defendants waiver of his rights was knowing and intelligent

Ex Output:
holding improper admission of hearsay evidence is reversible error only when the admission causes prejudice

Ex Input:
A review of the record, appellant's response to this court's October 17, 2005 order to show cause and the response, reply and sur-reply indicates that the questions raised in this appeal are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir.1982) (per curiam) (stating standard). The district court did not err in dismissing appellant's action. See Brydges v. Lewis, 18 F.3d 651, 652 (9th Cir.1994) (<HOLDING>). Accordingly, we summarily affirm the district
Holding statements: (A) holding defendants failure to file motion for judgment notwithstanding verdict did not prevent district court from granting motion for directed verdict for which court reserved decision (B) holding that a pro se party must be advised of consequences of failing to respond to a dispositive motion including an explanation that the failure to respond may result in the district court granting the motion and dismissing the case (C) holding that district court did not err in summarily granting defendants motion for summary judgment pursuant to local rule where pro se plaintiff failed to respond to motion after district court had warned plaintiff that it would deem his failure to respond a consent to granting of motion (D) holding that because plaintiff failed to advance evidence rebutting motion for summary judgment alongside a concession in their interrogatory response the district court did not err in granting defendants motion for summary judgment (E) holding that the trial court did not err by granting defendants motion for summary judgment

Ex Output:
holding defendants failure to file motion for judgment notwithstanding verdict did not prevent district court from granting motion for directed verdict for which court reserved decision