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.

merits of a plaintiffs cause of action ... also implicate the class certification decision," Jackson v. Se. Pa. Transp. Auth, 260 F.R.D. 168, 184 (E.D.Pa.2009), such an inquiry is merely preliminary. Hydrogen Peroxide, 552 F.3d at 317. A plaintiff need not establish by a preponderance of the evidence the merits of its claims at the class certification stage, and any inquiry into the merits that is not necessary to a Rule 23 decision is precluded. Jackson, 260 F.R.D. at 184 (citing Newton, 259 F.3d at 166-67, and Hydrogen Peroxide, 552 F.3d at 317-18). However, the movant must do more than "assur[e] ... the court that it intends or plans to meet the requirements" of Rule 23. Hydrogen Peroxide, 552 F.3d at 318; see also Wachtel v. Guardian Life Ins. Co., 453 F.3d 179, 186 (3d Cir.2006) (<HOLDING>). As with other matters relating to Rule 23
Holding statements: (A) holding that the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right (B) holding that to maintain a class action the existence of the class must be pleaded and the limits of the class must be defined with some specificity (C) holding that clearly established means the contours of the right were so clear at the time the officials acted that a reasonable official would have understood that what he was doing violated that right (D) holding that the contours of the right must be sufficiently clear that a reasonable official would understand that what he or she is doing violates that right (E) holding that there must be full and clear articulation of the litigations contours at the time of class certification
holding that the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right

and to allow it to brief the issue of whether the statute of limitations should be equitably tolled as to potential opt-in plaintiffs in this action. ECF No. 14. The motion for reconsideration, plaintiffs response, and defendant's reply amount to the' very briefing of the issue that the motion seeks. See ECF Nos. 14, 15 and 16. It boils down to a simple proposition, succinctly summarized by Judge Blackburn in a case cited by the defendant: "Tolling is available' only 'when [a plaintiff] diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control.'" Young v. Dollar Tree Stores, Inc., No. 11-cv-REB-MJW, 2013 WL 1223613, R *2 (D. Colo. March 25, 2013). Cf. Marsh v. Soares, 223 F.3d 1217, 1220 (10th Cir. 2000) (<HOLDING>). Here, we have a district court order in the
Holding statements: (A) holding that equitable tolling is available when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence (B) holding that 2244d is subject to equitable tolling if ae petitioner demonstrates 1 that he has been pursuing his rights diligently and 2 that some extraordinary circumstance stood in his way and prevented timely filling quoting pace v diguglielmo 544 us 408 418 125 sct 1807 161 led2d 669 2005 (C) holding that extraordinary circumstances did not include the mere neglect of the professional who was in a position to file a timely application (D) holding in a habeas case that tolling is available when an inmate diligently pursues his claims and demonstrates that the failure to timely file was caused by extraordinary circumstances beyond his control (E) holding that ejquitable tolling is appropriate when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence
holding that equitable tolling is available when a movant untimely files because of extraordinary circumstances that are both beyond his control and unavoidable even with diligence

added)). 3 . The district court "preliminarily" found statutory jurisdiction to be proper. Because it believed statutory jurisdiction to be an element of an offense under United States v. Smith, 282 F.3d 758 (9th Cir.2002), the court then submitted the question of consent to the jury. The district court need not have taken this second step since consent was uncontested. 4 . We do not require nexus for stateless vessels. See Perlaza, 439 F.3d at 1161; United States v. Moreno-Morillo, 334 F.3d 819, 829 (9th Cir.2003). 5 . The First and Fifth Circuits have rejected the position that nexus is required for foreign vessels when the flag nation has consented to the application of United States law to the defendants. See United States v. Bustos-Useche, 273 F.3d 622, 627-28 (5th Cir.2001) (<HOLDING>); United States v. Cardales, 168 F.3d 548,
Holding statements: (A) holding that by the introduction and admission of the delawares as part of the cherokee nation they became a part of the people of such nation and bound in common with the cherokees by the political power of the nation (B) holding that regulatory requirements are not jurisdictional in nature (C) holding gwaltney limited to jurisdictional question and does not prohibit recovery of past penalties in citizen suit if jurisdictional requirements met (D) holding that as a matter of law the embassy of a sovereign nation is a foreign state (E) holding that jurisdictional requirements were met because the flag nation consented to the enforcement of the mdlea over the foreign vessel
holding that by the introduction and admission of the delawares as part of the cherokee nation they became a part of the people of such nation and bound in common with the cherokees by the political power of the nation