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.
Q: The specific roles played by each corporate Defendant are also adequately delineated; for example, Transmarketing is alleged to have been a conduit to move funds from Bingham and Tetra to Procida. To borrow from a recent case: Here, the circumstances constituting the fraud the relationships giving rise to the fiduciary duties owed by [the defendants], the details of the alleged embezzlement, and the concealment generally are stated with particularity. The complaint alleges, among other things, specific diversions of funds, giving in most eases the approximate dates, amounts and purposes. Thus, Rule 9(b) is satisfied as to the core of the complaint.... Spiro, 876 F.Supp. at 559 (emphasis added); see, e.g., Beth Israel Med. Ctr. v. Smith, 576 F.Supp. 1061, 1070-71 (S.D.N.Y.1983) (<HOLDING>); cf. Carr v. Equistar Offshore, Ltd., No. 94
Holding statements: (A) holding defendant waived complaint (B) holding that the plaintiffs second complaint did not relate back to her first complaint because her second complaint was not an amendment to her first complaint but rather a separate filing (C) holding that the firsttofile rule did not bar complaint involving same defendants where firstfiled complaint did not put government on notice of a separate fraudulent scheme (D) holding that failure to identify specific dates and contents of mailings was not fatal to complaint where complaint offered detailed description of defendants overall rico scheme (E) holding that a defendants failure to attach process to its notice of removal was not fatal and did not require remand
A:
holding defendant waived complaint