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.

Ex Input:
act, 1976 PA 267, MCL 15.261 to 15.275. (3) If the board arbitrarily and capriciously violates section 7(9), the board shall he subject to the penalties prescribed in the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. B If "a statute gives new rights and prescribes new remedies, such remedies must be strictly pursued; and a party seeking a remedy under the act is confined to the remedy conferred thereby and to that only." Monroe Beverage Co, Inc v Stroh Brewery Co, 454 Mich 41, 45; 559 NW2d 297 (1997) (quotation marks and citation omitted). However, "[w]hen a statute provides a remedy for enforcement of a common-law right, the statutory scheme is merely cumulative and not exclusive." Morris Pumps v Centerline Piping, Inc, 273 Mich App 187, 201; 729 NW2d 898 (2006) (<HOLDING>). At common law there has always been a remedy
Holding statements: (A) holding that because the federal arbitration act 9 usc 1 et seq preempts michigans lemon law mcl 2571401 et seq the plaintiffs lemon law claim should have been resolved through binding arbitration (B) holding that the plaintiffs claims for unjust enrichment were not barred by the availability of relief under the public works bonding act mcl 129201 et seq because a plaintiff enjoyed the right at common law to recover in quantum meruit from a defendant who had been unjustly enriched (C) recognizing that action for quantum meruit relief exists to avoid unjust enrichment (D) holding preemption is appropriate where unjust enrichment claim does not allege that the defendants were enriched by anything other than copyright infringement (E) holding that erisa does not permit a plaintiff to assert an independent federal common law cause of action such as unjust enrichment to enforce the terms of an erisa plan thus to the extent plaintiffs third cause of action for unjust enrichment is brought pursuant to a federal common law right it must be dismissed

Ex Output:
holding that because the federal arbitration act 9 usc 1 et seq preempts michigans lemon law mcl 2571401 et seq the plaintiffs lemon law claim should have been resolved through binding arbitration

Ex 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

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

Ex Input:
Second, these materials fall within the "narrowly defined category of materials a court can consider without converting a[n FRCP] 12(b)(6) motion to one for summary judgment. This category includes exhibits attached to the complaint, undisputed documents relied upon by the plaintiff, other items appearing in the record of the case, and matters of public record." Stuler v. United States, No. 07-642, 2008 WL 957009, at *2 (W.D.Pa. Apr. 8, 2008) (citation omitted). Senate reports, court filings, and resolutions passed by municipalities are public records. See Biomed. Patent Mgmt. Corp. v. Cal., Dep't of Health Servs., 505 F.3d 1328, 1331 (Fed.Cir.2007) ("[C]ourt filings ... are matters of public record...."); Jones v. Butler, No. 09-03128, 2009 WL 2461885, at *5 (E.D.Pa. Aug. 11, 2009) (<HOLDING>); L.H. v. Schwarzenegger, 519 F.Supp.2d 1072,
Holding statements: (A) holding that a notice because it was docketed should be considered a matter of public record (B) holding that bond and miller did not apply because the plaintiff was appointed to the city council by the mayor rather than elected by the public (C) holding that neighbors aesthetic concerns could constitute compelling evidence for a city council (D) recognizing that a city council resolution is unquestionably a matter of public record (E) holding that an employment contract between an outgoing city council and the city manager was void on public policy grounds because it attempted to take away the governmental or legislative power of the incoming council to appoint and remove public officers

Ex Output:
holding that a notice because it was docketed should be considered a matter of public record