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.

Input: Consider Input: and seeking to dismiss the four new claims asserted against them in the amended complaint. Also on January 8, 2010, Wells Fargo filed a supplemental motion to dismiss [26], addressing the new claims against it and renewing its request that all counts be dismissed. II. Discussion The Court must determine whether: (1) Giscombe eliminated the deficiencies of his previous shotgun pleading, and (2) if so, whether the complaint should be dismissed for the other reasons asserted by ABN, Citimortgage, and Wells Fargo in their motions to dismiss. A. Legal Standard The sufficiency of Giscombe's amended complaint depends on whether it is a shotgun pleading; if so, it will fall short of the pleading requirements of Fed.R.Civ.P. 8. Magluta v. Samples, 256 F.3d 1282, 1284-85 (11th Cir.2001) (<HOLDING>). The defining characteristic of a shotgun
Holding statements: (A) recognizing the liberal notice and simplified pleading principles underlying the federal rules of civil procedure (B) holding that under leatherman a federal court may not apply a pleading requirement more stringent than that provided for in the federal rules of civil procedure even in 1983 litigation (C) holding that discovery under the federal rules of civil procedure is broad in scope and freely permitted (D) holding that the fact that federal rule of civil procedure 9b requires a heightened pleading standard for some claims but not for a section 1983 claim against a municipality means that the rules do not require a heightened pleading standard for such a claim (E) holding that a shotgun pleading is in no sense the short and plain statement of a claim required by rule 8 of the federal rules of civil procedure

Output: recognizing the liberal notice and simplified pleading principles underlying the federal rules of civil procedure

Input: Consider Input: from the Fijian military," was "robbed repeatedly," had his temple burned by Fijian soldiers, and Fijian soldiers attacked his home and destroyed his property while his wife was home alone. See id. Significantly, the attacks were linked by the fact that they were all carried out by a common entity, as opposed to random acts of violence that this court has characterized as the "common byproduct of civil unrest and economic turmoil." See Gormley v. Ashcroft, 364 F.3d 1172, 1177 (9th Cir.2004). The acts described by Kumar are closer to those in Gormley. Therefore, the evidence does not compel a finding of persecution. Nor did Kumar present evidence that would compel "any reasonable adjudicator" to find that he demonstrated a likelihood of future persecution. See Wakkary, 558 F.3d at 1061 (<HOLDING>). Because Kumar's evidence did not compel a
Holding statements: (A) holding that to show an objectively reasonable fear of future persecution an applicant must establish that he would be singled out for persecution or that there was a pattern or practice of persecution of similarlysituated individuals (B) holding that personal disputes do not constitute persecution (C) holding that evidence that is consistent with acts of private violence or that merely shows that a person has been the victim of criminal activity does not constitute evidence of persecution based on a statutorily protected ground (D) holding that while widespread violence against a protected group by private individuals and public officials may constitute persecution widespread discrimination that may include persecution of some individuals does not compel such a finding (E) holding that absent a pattern of persecution linked to the applicant persecution of family members is insufficient to demonstrate a wellfounded fear of persecution

Output: holding that to show an objectively reasonable fear of future persecution an applicant must establish that he would be singled out for persecution or that there was a pattern or practice of persecution of similarlysituated individuals

Input: Consider Input: is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3. 1 . Cal. Gov't Code 12940(m). 2 . See id. 3 . Humphrey v. Mem'l Hosps. Ass'n, 239 F.3d 1128, 1136 (9th Cir.2001). 4 . See Zivkovic v. S. Cal. Edison Co., 302 F.3d 1080, 1088 (9th Cir.2002) (reviewing the district court's findings of fact for clear error). 5 . The district court properly excluded as hearsay USF's evidence of the April 2003 tests purportedly showing that Hughes could not access USF's software programs from home. See Fed.R.Evid. 801(c), 802. 6 . See Humphrey, 239 F.3d at 1136. 7 . Cal. Gov't Code 12940(m). 8 . Id. at 12940(n). 9 . Zivkovic, 302 F.3d at 1089. 10 . See Buckingham v. United States, 998 F.2d 735, 740 (9th Cir.1993) (<HOLDING>). 11 . See Barnett v. U.S. Air, Inc., 228 F.3d
Holding statements: (A) holding that qualified immunity is not merely immunity from damages but also immunity from suit (B) holding that an employer may not merely speculate that the employees suggested accommodation is not feasible but must gather sufficient information from qualified experts to determine the accommodations effectiveness (C) holding that if all of an employees coworkers knew that he had a heart condition such knowledge would not amount to notice to the employer that the employee was so limited by a disability as to require special accommodations (D) holding that an employer is not liable where it takes reasonable steps to provide an accommodation and the employee is responsible for a breakdown in the process of identifying a reasonable accommodation (E) holding that the disabled individual bears the initial burden of proposing an accommodation and showing that that accommodation is objectively reasonable and that the defendant was entitled to prevail because the plaintiffs proposed accommodation of remaining on unpaid medical leave until another customer service or receptionist position opened up was not a reasonable accommodation under the ada
Output: holding that qualified immunity is not merely immunity from damages but also immunity from suit