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.

Q: although incorporated or approved in the decree, is not merged therein, the parties may enforce it by s clear that "jurisdiction of the Court depends upon the state of things at the time of the action brought, and that after vesting, it cannot be ousted by subsequent events." Smith v. Sperling, 354 U.S. 91, 93 n. 1, 77 S.Ct. 1112, 1 L.Ed.2d 1205 (1957) (citation omitted). 18 . Courts in this district have long recognized that "a coiporation is an indispensable party in a shareholder derivative action suit." See Gibson v. BoPar Dock Co. Corp., 780 F.Supp. 371, 373 (W.D.Va.1991) (citing Tower Hill Connellsville Coke Co. v. Piedmont Coal Co., 33 F.2d 703, 706 (4th Cir.1929), cert. denied, 280 U.S. 607, 50 S.Ct. 157, 74 L.Ed. 650 (1930)); Bates v. Cekada, 130 F.R.D. 52, 59 (E.D.Va.1990) (<HOLDING>) (citations omitted); Taylor v. Swirnow, 80
Holding statements: (A) holding that in order to maintain a derivative cause of action a shareholder must maintain a continuous ownership interest in the corporation (B) recognizing that a corporation is properly aligned as a defendant in a shareholder derivative suit when the corporation is in antagonistic hands (C) recognizing that in a derivative action the corporation for whose benefit suit is brought is a necessary party to the action (D) holding that a shareholder who disposes of his shares loses standing to bring a derivative action no longer a shareholder in the corporation the defendant cannot maintain a derivative action on its behalf (E) recognizing that the corporation is always deemed to be an indispensable party in a shareholder derivative action

A: (E)
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Q: Ms. Goren bases her statement of facts on her second amended complaint. That complaint, however, is not before this court. On September 3, 1997, the district court entered a judgment dismissing Ms. Goren's complaint. Ms. Goren subsequently filed a motion pursuant to Rule 59(e) of the Federal Rules of Civil Procedure to alter or amend judgment to permit filing of a second amended complaint. Ms. Goren attached her proposed second amended complaint to that motion. On October 23, 1998, the court entered an order denying Ms. Goren's motion. In her opening brief, Ms. Goren devoted nearly her en tire argument to the district court's decision dismissing her amended complaint. Indeed, there is no "Issue Presented" or meaningful argument regarding the district court's denial of Ms. Goren's 93) (<HOLDING>). 5 . At oral argument, Ms. Goren's counsel
Holding statements: (A) holding that a prisoner did not engage in protected conduct when he threatened to file a frivolous grievance (B) holding that attorney who allegedly prepared false private placement memoranda regarding limited partnership did not conduct affairs of enterprise because he did not direct the legal entities he represented to engage in particular transactions (C) holding that appellant forfeited his complaint regarding his sentence because he did not object at trial (D) holding that the defendant had abandoned any possessory or privacy interest in bags found in the truck he was driving where he stated that he did not own the bags did not know who did and did not know what was in them (E) holding that harold fine did not have direct and independent knowledge because he did not personally conduct the audits that led to the public disclosures

A: (B)
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Q: its content. Id. It is well-established that Rule 1002 does not apply in situations where the mere existence of an independent factual condition is sought to be proved, even if the condition is contained in or effectuated through a writing. See Fed.R.Evid. 1002 advisory committee's note ("[A]n event may be proved by nondocumentary evidence, even though a written record of "it was made.... For example, payment may be proved without producing the written receipt which was given. Earnings may be proved without producing books of account in which they are entered."); Dalton v. FDIC, 987 F.2d 1216, 1223 (5th Cir.1993) (concluding the rule did not apply to proof of a debt through an affidavit rather than bank documentation); see also United States v. Sliker, 751 F.2d 477, 483 (2d Cir.1984) (<HOLDING>). In the present case, Ms. Smith testified that
Holding statements: (A) holding that the proceeds of a liability insurance policy were not property of the estate (B) holding that an arbitration award involving the appellants challenge to the failure of the insurance company to ensure that he had read and understood a signed waiver and to attach the waiver to the insurance policy as contrary to public policy is not reviewable by the courts because there is no challenge to a provision or term of the policy the appellant never claimed that the waiver or policy language itself was contrary to the public policy of this commonwealth (C) recognizing that production of a written insurance policy was unnecessary to prove the existence of the policy because the proof required was proof of the fact of insurance and not of the contents of a writing (D) holding trial court should have required segregation because tort claims entailed proof of facts unnecessary for proof of the contract claim (E) holding that under georgia law a holder of a master insurance policy is an agent of the insurance company and not the insurer

A:
(C)
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