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: absence of any effort to serve Bustos with a summons or a complaint, the Receiver cannot claim substantial compliance with Rule 4. The Receiver's failure even to attempt to comply with Rule 4 is no "minor defect," United Food & Commercial Workers Union v. Alpha Beta Co., 736 F.2d 1371, 1382 (9th Cir.1984), that can be remedied by actual notice. More importantly, the difficulty here runs deeper than mere insufficient service of process. The Receiver never filed a complaint and never named Bustos as a party. In other words, the Receiver never commenced an action against Bustos, see Fed. R. Civ. P. 3; it simply named Bustos in a motion for the disgorgement of allegedly ill-gotten gains earned through the sale of unregistered securities. See In re Alpha Telcom, 2004 WL 3142555, at *1 (<HOLDING>). Prior to Bustos's intervention in the action,
Holding statements: (A) holding pursuant to bankruptcy rule 7004b9 that because the creditor mailed the complaint and summons to the debtors attorney and to the address listed in the debtors bankruptcy petition service of process was sufficient even if the debtors were out of the country and did not actually receive notice of the complaint and summons (B) holding that the court lacks jurisdiction where a complaint was filed more than 30 days after the filing of the summons (C) holding that a title vii cause of action is limited to those discrimination allegations in the complaint that have been under the scrutiny of a formal eeoc complaint (D) holding that a formal summons and complaint were unnecessary because the motion before the court is not an independent action (E) holding that service of a statecourt summons and complaint after removal to federal court is valid service

A: (D)
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Q: activity, not objectionable under the prevailing standards of lawful and approved social conduct in the community---- Informed public sentiment is only against unlicensed gambling, which is unsupervised, unregulated by law and which affords no protection to customers and no assurance of fairness or honesty of the operation of the gambling devices." Similarly, the New Jersey Supreme Court, in Caribe Hilton Hotel v. Toland, 63 N.J. 301, 307, 307 A.2d 85, 88 (1973), stated that "[w]hile New Jersey continues to take a strict view of those forms of gambling that are prohibited, the fact that wagering in various different ways is now authorized demonstrates that our public policy can no longer be said to condemn gambling per se." See also, Castilleja v. Camero, 414 S.W.2d 424 (Texas 1967) (<HOLDING>); In re Smith, 66 B.R. 58 (Bankr.D.Md.1986),
Holding statements: (A) holding that an attorney approval clause in a contract for the sale of real estate was a part of that contract and would have to be satisfied for the underlying contract to be enforceable (B) holding that a contract is not effective until the performance of the conditions precedent and that a condition precedent calls for the happening of some event or the performance of some act after the terms of the contract have been agreed on before the contract shall be binding on the parties (C) holding that for a suit to be brought in the venue in which the contract was to be performed the contract must expressly state where the performance of the contract was to occur (D) holding that the place of performance governs the legality of the contract and because the contract was to be performed in mexico texas public policy against gambling was not implicated (E) holding that place of performance of a life insurance contract was the state where premiums were made payable even if the contract was made in another state

A: (D)
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Q: was signed and deemed filed on February 2, 2011. Thus, his federal habeas petition was untimely. According to Weddington, the district court erred in dismissing his petition because the limitations period should have been equitably tolled by the state's confiscation of his legal papers. The state responds that the record fails to support his contention. Its argument against equitable tolling, on appeal as in the district court, is based solely on its challenge as to whether Weddington was prohibited access to his legal materials while he was housed in disciplinary segregation. "The intentional confiscation of a prisoner's ha-beas corpus petition and related legal papers by a corrections officer is 'extraordinary' as a matter of law." Valverde v. Stinson, 224 F.3d 129, 133 (2d Cir.2000) (<HOLDING>); see also United States v. Gabaldon, 522 F.3d
Holding statements: (A) holding that prisons complete confiscation of petitioners legal materials six weeks before filing deadline and its holding of papers until after limitations period expired constituted an extraordinary circumstance for purposes of equitable tolling (B) holding that aedpas oneyear period of limitations does not support a delay of filing of habeas petition by capital defendant (C) holding that a corrections officers confiscation of a prisoners draft habeas petition and related legal papers can justify equitable tolling of the oneyear limitations period (D) holding that attorney miscalculation of aedpa time period did not justify equitable tolling (E) holding that oneyear limitations period set forth in 2255 is not a jurisdictional bar and is thus subject to equitable tolling

A:
(C)
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