A federal judge assigned to Birmingham, Alabama, assigns you to work as a law clerk, you're preparing an argument for your federal judge, and you realize that the Eleventh Circuit has not rendered a decision on the legal issue you're preparing, in addition, you will find a Fifth Circuit opinion that reaches the opposite conclusion in the legal matter, despite this, you were able to locate a district court opinion from the Southern District of New York that clearly addresses the question you were researching,what recommendations can it make should you make to your judge on how to proceed?