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.

to be heard on the motion have been misled but also show that correcting the defect will result in a different disposition of the case." E.D. Mich. Local Rule 7.1(h)(3); see Graham ex rel. Estate of Graham v. Cnty. of Washtenaw, 358 F.3d 377, 385 (6th Cir.2004). Here, the district court found that Moniz "simply is attempting to re-argue [] issues which were already ruled upon by the Court when it dismissed his Complaint," and thus denied the motion to reconsider. R. 14 (Dist. Ct. Order at 3) (Page ID # 129). This court has stated that a district court does not abuse its discretion in denying a motion to reconsider where the motion "merely raise[s] arguments that were already ruled upon." Graham, 358 F.3d at 385; see also Lommen v. McIntyre, 125 Fed.Appx. 655, 659 (6th Cir.2005) (<HOLDING>). There was no abuse of discretion in the
Holding statements: (A) holding that the district court did not err by concluding that the bankruptcy court did not abuse its discretion in denying motion for continuance motion to withdraw and motion for reconsideration and rehearing (B) holding it was not an abuse of discretion to deny funds (C) holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration (D) holding that it was not an abuse of discretion to deny a motion for reconsideration where the motion presented nothing new and merely rephrased allegations in the complaint (E) holding under third circuit law that the denial of a motion for reconsideration is reviewed for abuse of discretion
holding that the district court did not err by concluding that the bankruptcy court did not abuse its discretion in denying motion for continuance motion to withdraw and motion for reconsideration and rehearing

make a hearing unnecessary. These contentions have no merit. Although we retain jurisdiction to resolve the State's motion to dismiss this appeal, we first remand this matter to the district court with instructions to conduct an evidentiary hearing. We remand because whether Mr. Comer has expressly or impliedly consented to the filing of any pleadings in federal court is a critical question of fact that we believe the district court is in a better position to resolve. Indeed, we have previously recognized the general presumption that an attorney is authorized to act on his client's behalf. See, e.g., Nevius, 105 F.3d at 459; Lucky, 86 F.3d at 925; Deutscher v. Angelone, 16 F.3d 981, 984 (9th Cir.1994); cf. Roe v. Flores-Ortega, U.S. , , 120 S.Ct. 1029, 1040, 145 L.Ed.2d 985 (2000) (<HOLDING>). When parties have challenged this
Holding statements: (A) holding that a law firm receiving funds for a client was not an initial transferee because the firms role with respect to the received money was to accept the funds in settlement of its clients case deposit the money in trust keep as fees only what the the clients agreed to and pay the rest to the bank on behalf of the clients in satisfaction of their loan (B) holding that attorney lacked standing to file notice of appeal on behalf of client who couldnot be located because the client must make the ultimate decision regarding the appeal internal quotation marks omitted (C) recognizing that counsel have the authori ty to file an appeal on their clients behalf even when the client does not expressly give them his consent to do so (D) holding broker and clients agreed to arbitration where newaccount forms signed by clients expressly incorporated separate unsigned client agreement containing arbitration provision even if client agreement was not attached or read by clients because they were presumed to have read newaccount form which placed them on notice of client agreement (E) recognizing the right to counsel on appeal
holding that a law firm receiving funds for a client was not an initial transferee because the firms role with respect to the received money was to accept the funds in settlement of its clients case deposit the money in trust keep as fees only what the the clients agreed to and pay the rest to the bank on behalf of the clients in satisfaction of their loan

exercised its independent and disinterested business judgment in responding to a demand." Ishimaru v. Fung, 2005 WL 2899680, at *12 (Del.Ch. Oct. 26, 2005); see also 6 Del. C. 18-1001 (providing LLC members and assignees the right "to bring an action in the Court of Chancery in the right of a limited liability company to recover a judgment in its favor" when managers or members with authority to do so have refused, or an effort to cause them to do so "is not likely to succeed"); id. 18-1003 ("In a derivative action, the complaint shall set forth with particularity the effort, if any, of the plaintiff to secure initiation of the action by a manager or member or the reasons for not making the effort."); Eureka VIII LLC v. Niagara Falls Hldgs. LLC, 899 A.2d 95, 96 (Del.Ch.20Q6) (<HOLDING>). D. Parties' Contentions Zimmerman brings this
Holding statements: (A) recognizing claim for wrongful dissociation based on members ceasing participation in the llcs management and ceasing honoring its duties and obligations under the llc agreement (B) holding that a fiduciary corporation was a purchaser within the meaning of 12a2 and was entitled to bring suit on its own behalf or on behalf of its clients (C) holding that broker owed no fiduciary duty to client as a matter of law (D) holding that a shareholder who disposes of his shares loses standing to bring a derivative action no longer a shareholder in the corporation the defendant cannot maintain a derivative action on its behalf (E) recognizing the right of an llc member or assignee to bring a derivative action on behalf of the llc when another member breaches a contractual or fiduciary duty owed to the llc
recognizing claim for wrongful dissociation based on members ceasing participation in the llcs management and ceasing honoring its duties and obligations under the llc agreement