Task: Wrong Candidate Generation
Input (English): plan description. The district court granted the defendants summary judgment on this claim. James then filed a motion to reconsider, arguing for the first time that the defendants also breached their fiduciary duty by not informing him of the out-of-network status of the Rush providers during his April 7, telephone conversations with Concert. The district court denied James’s motion to reconsider, holding that it was too late to raise an argument premised on the April 7 telephone conversations. By not presenting a timely argument to the district court premised on the April 7 telephone calls, James waived any argument that the defendants breached their fiduciary duty based on those telephone calls. Publishers Res., Inc. v. Walker-Davis Publ’ns, Inc., 762 F.2d 567, 561 (7th Cir.1985) (<HOLDING>). The en banc court, though, holds that the 
 Holding statements: (A) holding that arguments not raised in opposition to a motion for summary judgment are waived (B) holding that a defendant who fails to raise a specific issue as the basis for suppression in a motion to suppress to the district court has waived the right to raise that issue on appeal (C) holding that claims raised for the first time in an opposition to a motion for summary judgment are not properly before a court (D) holding that a litigant who fails to raise an argument in opposition to a properly raised motion for summary judgment will not be permitted to raise that same argument later either in a motion for reconsideration or on appeal (E) holding that government lost right to raise lack of expectation of privacy argument on appeal when it failed to raise argument below
Output (English): holding that claims raised for the first time in an opposition to a motion for summary judgment are not properly before a court