TASK DEFINITION: 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: and to allow it to brief the issue of whether the statute of limitations should be equitably tolled as to potential opt-in plaintiffs in this action. ECF No. 14. The motion for reconsideration, plaintiffs response, and defendant's reply amount to the' very briefing of the issue that the motion seeks. See ECF Nos. 14, 15 and 16. It boils down to a simple proposition, succinctly summarized by Judge Blackburn in a case cited by the defendant: "Tolling is available' only 'when [a plaintiff] diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control.'" Young v. Dollar Tree Stores, Inc., No. 11-cv-REB-MJW, 2013 WL 1223613, R *2 (D. Colo. March 25, 2013). Cf. Marsh v. Soares, 223 F.3d 1217, 1220 (10th Cir. 2000) (<HOLDING>). Here, we have a district court order in the
Holding statements: (A) holding that equitable tolling is available when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence (B) holding that 2244d is subject to equitable tolling if ae petitioner demonstrates 1 that he has been pursuing his rights diligently and 2 that some extraordinary circumstance stood in his way and prevented timely filling quoting pace v diguglielmo 544 us 408 418 125 sct 1807 161 led2d 669 2005 (C) holding that extraordinary circumstances did not include the mere neglect of the professional who was in a position to file a timely application (D) holding in a habeas case that tolling is available when an inmate diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control (E) holding that ejquitable tolling is appropriate when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence

SOLUTION: holding that equitable tolling is available when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence

PROBLEM: 375 N.E.2d 1192 (1978). Two of Gunther's theories are easily eliminated. First, a plaintiff is a member of a protected class if she asserts "a claim based on sex discrimination as a pregnant woman." White v. University of Mass., 410 Mass. 553, 557, 574 N.E.2d 356 (1991). There is no allegation that Gunther's termination was motivated by animus toward her pregnancy because at the time of her discharge she was not pregnant and had been working for over eight months in a managerial position with equivalent salary. Second, to the extent that Gunther is claiming she was discriminated against as a single mother, she can not prevail. Parenthood is not listed as a protected class in the statute. See G.L. c. 151B, 4; cf. Upton v. JWP Businessland, 425 Mass. 756, 758-59, 682 N.E.2d 1357 (1997) (<HOLDING>). With respect to the claim of pure gender
Holding statements: (A) recognizing tort of wrongful discharge in violation of public policy (B) recognizing public policy exception to atwill doctrine (C) holding that it was not a violation of public policy for the defendant to discharge the plaintiff an atwill employee because she was a single mother unwilling to work newly imposed long hours (D) holding that an employee could maintain a claim for constructive discharge in violation of virginias public policy exception to the employment atwill doctrine (E) holding that an atwill employee may not recover for discriminatory discharge under section 1981 because the atwill relationship was not sufficiently contractual under tennessee law

SOLUTION: recognizing tort of wrongful discharge in violation of public policy

PROBLEM: tow-truck operators intended by Congress. On the other hand, some federal and state courts that have considered the towing industry, and in particular the preservation or storage of a vehicle after it has been towed, have held that state causes of action relating to storage and disposition of towed vehicles are not preempted by the Act. See, e.g., Rhode Island Public Towing Ass'n, Inc. v. State, (No. CV-96-454 ML, Feb. 28, 1997) (D.R.I.1997) (not published in F.Supp.) (concluding "that the regulation of storage rates is not sufficiently related to a price, route, or service of a tow truck" and therefore the state regulation of those rates was not preempted by 14501(c) (emphasis added)); CPF Agency Corp. v. Sevel's 24. Hour Towing Serv., 132 Cal.App.4th 1034, 34 Cal.Rptr.3d 120 (2005) (<HOLDING>). See also Ware v. Tow Pro Custom Towing &
Holding statements: (A) holding that fehbas complete preemption provision closely resembles erisas express preemption provision and precedent interpreting the erisa provision thus provides authority for cases involving the fehba provision (B) holding that the courts statute of limitations is jurisdictional in nature and is thus not subject to waiver or estoppel (C) holding trial court abused its discretion by not extending the time for service where the statute of limitations had run and where service had been achieved at the time of the hearing on the motion to dismiss (D) holding that duress toll to statute of limitations under state law had no application to federal rico statute of limitations (E) holding that state statute imposing limitations on liensalepreparation fees had only a remote relationship to towing companys price route or service and thus did not come within the purview of the preemption provision of 14501c

SOLUTION:
holding that fehbas complete preemption provision closely resembles erisas express preemption provision and precedent interpreting the erisa provision thus provides authority for cases involving the fehba provision