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.

Ex Input:
entered an order finding probable'cause that the property was used to facilitate the commission of a felony. Although Flagg's atto ation of a discovery order will constitute an abuse of discretion where the trial court fails to make express written findings of fact supporting the . conclusion that the failure to obey the court order demonstrated willful or deliberate disregard. Express findings are required to ensure that the trial judge has consciously determined that the failure was more than a mistake, neglect, or inadvertence, and to assist the reviewing court to the extent the record is susceptible to more than one interpretation. Ham v. Dunmire, 891 So.2d 492, 495-96 (Fla.2004) (citing Tubero, 569 So.2d at 1273); cf. Ledo v. Seavie Resources, LLC, 149 So.Sd 707 (Fla. 3d DCA 2014) (<HOLDING>). In this case, Flagg filed a motion to set
Holding statements: (A) holding that although trial courts oral opinion may be used as a reference in the interpretation of its written findings of fact it is not a finding of fact (B) holding because defendant does not argue in his brief that these findings of fact are not supported by evidence in the record this court is bound by the trial courts findings of fact (C) holding that where the record plainly reflected ledos willful and deliberate disregard of the courts repeated orders to respond to interrogatory requests the trial courts failure to provide written findings of fact in its order striking ledos pleadings did not require reversal (D) holding that the trial courts oral expression in open court of its future intention to render a judgment was not itself a judgment but rather the trial courts written findings of fact and conclusions of law were its judgment (E) holding that erroneous findings of fact not necessary to support the judgment of the court are not grounds for reversal

Ex Output:
(C)

Ex Input:
grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action. Id. (emphasis added). A defendant must also "file a copy of the notice with the clerk of such State court, which shall effect the removal and the State court shall proceed no further unless and until the case is remanded." Id. 1446(d). The removal statutes are construed narrowly. Pritchett v. Off its, including the District of Kansas, have also followed this approach. See, e.g., Berbig v. Sears Roebuck & Co., Inc., 568 F.Supp.2d 1033, 1039 n. 9 (D.Minn.2008) (stating that "a failure to comply with the requirements of [Section 1446(a) ] ordinarily is not grounds to deny removal"); Riggs v. Fling Irrigation, Inc., 535 F.Supp.2d 572, 579 (W.D.N.C.2008) (<HOLDING>); Yellow, 406 F.Supp.2d at 1215; In re Methyl
Holding statements: (A) holding that under alabama law the law of the forum applies to procedural matters and that in most instances the statute of limitations is considered to be a procedural rule (B) recognizing that the procedural defect could be corrected through a reinstatement of the termination proceedings (C) holding that if the states criminal complaint against defendant had a jurisdictional defect the prosecution had the right to attempt to correct the defect and a motion to dismiss is one method of doing this (D) holding that notice of a defect could not be imputed to a defendant inasmuch as it created the defect (E) holding while there may be some case law to support plaintiffs argument the majority approach is that the failure to attach process defect is merely procedural and that this particular procedural defect may be cured

Ex Output:
(E)

Ex Input:
or constructively) of the protected activity; (3)she suffered an unfavorable personnel action; and (4) the protected activity was a contributing factor in the unfavorable personnel action. Pearl v. DST Sys., Inc., No. 06-918, 2008 WL 8602367, *13 (W.D.Mo.2008). If she makes such prima facie showing, the defendant can still "avoid liability if it can demonstrate by clear and convincing evidence that it would have taken the same unfavorable personnel action in the absence of the protected activity." Id. (i) Plaintiffs Claims PreDating August 8, 2008 are Time Barred. A federal district court "can only conduct a 'de novo review' of those [SOX whistleblower] claims that have been administratively exhausted." Willis v. Vie Fin. Grp., No. 04-435, 2004 WL 1774575, *6 (E.D.Pa. Aug. 6, 2004) (<HOLDING>); see also Hanna v. WCI Cmts., 348 F.Supp.2d
Holding statements: (A) holding fact that a constitutional claim is so novel that it is not reasonable for counsel to raise it until after the supreme court articulates that such claim is a basis for federal habeas relief constitutes cause for failure to raise that claim in accordance with applicable state procedures (B) holding that district court may consider documents referred to in plaintiffs complaint and central to his claim (C) holding plaintiffs could have filed administrative claim and then de novo claim in district court seeking a determination regarding their obligations to the fdic (D) holding that plaintiffs failure to raise a claim in an administrative complaint with osha precluded pursuing that claim in district court (E) holding that the district court did not abuse its discretion in dismissing a complaint with prejudice based on the plaintiffs failure to amend the complaint by the deadline imposed by the court

Ex Output:
(D)