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.
Q: intentional and negligent infliction of emotional distress. Plaintiff expressly abandons the claims in his response to defendant's motion. Accordingly, the court grants summary judgment to defendant on those claims. 2 . Because both the ADA and KAAD define the term "disability" similarly, plaintiff's discrimination claims under the two statutes must meet the identical fate. Nolan v. Sunshine Biscuits, Inc., 917 F.Supp. 753, 757 n. 2 (D.Kan.1996). 3 . In his affidavit, plaintiff articulates a litany of substantial limitations' generated by his surgical scar. The court finds, however, that plaintiffs affidavit is inconsistent with his prior deposition. Accordingly, the court will disregard the affidavit on this issue. See Bohn v. Park City Group, Inc., 94 F.3d 1457, 1463 (10th Cir.1996) (<HOLDING>). 4 . Defendant contends that because plaintiff
Holding statements: (A) holding that unverified complaints cannot be considered as evidence at the summary judgment stage (B) holding that credibility determinations should not be resolved at the summary judgment stage (C) holding that plaintiffs affidavit submitted at summary judgment stage and contradicting earlier deposition testimony should not be considered (D) holding that the court may disregard an affidavit submitted solely for the purpose of opposing a motion for summary judgment when that affidavit is directly contradicted by deposition testimony and the nonmovant does not explain the discrepancies (E) holding that evidence in an inadmissible form may be considered at the summary judgment stage as long as the evidence is submitted in an admissible form at trial
A:
(C)