instruction:
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.
question:
positions, the defendants did not, and have not, filed a motion to withdraw the reference. Accordingly, this court finds that any right to a jury trial is waived. Stainer v. Latimer (In re Latimer), 918 F.2d 136 (10th Cir.1990), cert. denied, 502 U.S. 863, 112 S.Ct. 186, 116 L.Ed.2d 147 (1991) (court finding a defendant’s request for a jury trial was properly denied where defendants never requested withdrawal of the reference); See In re Chemetco, Inc., 308 B.R. 339 (Bankr.S.D.Ill.2004) (distinguishing Latimer because in Latimer no motion was ever filed, but in Chemetco, the court had discretion on timeliness issue when motion to withdraw reference was filed only seven days after the jury demand); Consolidated Industries Corp. v. Welbilt Holding Co., 254 B.R. 237, 241 (N.D.Ind.2000) (<HOLDING>). 28 U.S.C. § 157 requires that a party file a 
 Holding statements: (A) recognizing the right to waive a jury trial (B) holding that the trial court abused its discretion in not allowing defendant to withdraw his waiver of jury trial where a lengthy continuance already had been granted (C) holding that a trial courts refusal to withdraw a jury waiver ordinarily does not implicate the federal constitutional right to a jury trial (D) holding that a failure to file an appeal is within the scope of the waiver because the failure does not undermine the validity of the plea or waiver (E) holding with or without a local rule so requiring failure to file motion to withdraw the reference when jury demanded was a waiver of right to jury trial
answer:
(E)


question:
an interpretation of section 85.321 that would make any party who holds a mineral interest indefinitely liable to all subsequent interest holders for prior alleged damage to the land. The consequences of such an interpretation run contrary to the legislative intent to protect and encourage the development of Texas natural resources. See Tex. Const. art. XVI, § 59. We are mindful of the consequences of a particular construction. See Tex. Gov’t Code § 311.023(5); McIntyre, 109 S.W.3d at 745. Absent a legislative enactment clearly abrogating the common law, we conclude that Emerald does not have standing as a subsequent lessee to pursue a claim under section 85.321 for Exxon’s alleged wrongful actions as a prior lessee. See, e.g., Tooke v. City of Mexia, 197 S.W.3d 325, 342-43 (Tex.2006) (<HOLDING>). C. Negligence Per Se Because our holding that 
 Holding statements: (A) holding that citys enforcement of the entire state penal code would not constitute a city policy because the city was required to follow state law (B) holding that tex loc govt code  51075 abrogated city of texarkana v city of new boston 141 sw3d 778 texapptexarkana 2004 (C) holding that city attorneys promise in an oral settlement agreement for city to annex and rezone land was within the legal authority of the city of joliet to accomplish and were not absolutely void acts per se therefore city could be estopped from avoiding enforcement of contract (D) holding that the city of boston was acting as a market participant when it contracted for public works construction (E) holding that distribution of catalogs to city addresses constituted use within city subject to taxation under municipal code provision
answer:
(B)


question:
The Court is not at liberty to follow the law of other Circuits if it contradicts -the law of this Circuit. Plaintiffs’ other argument relies on the Eleventh Circuit’s decision in Delta Coal Program v. Libman, 743 F.2d 852 (11th Cir. 1984) which stated that Summit Office Park applies only when a Plaintiff without standing adds a new party and a new cause of action. Delta Coal Program, 743 F.2d at-857, n.6. (“Here, by contrast, the operative facts and the cause of action are not changed, but only the formally named plaintiff.”). Delta Coal Program, however, does not apply to the present case. First, the district court there permitted the substitution of new plaintiffs, and it was within the court’s discretion to do so. Delta Coal Program v. Libman, 743 F.2d 852, 856 (11th Cir. 1984) (<HOLDING>). Here, by contrast, Plaintiffs did not ask 
 Holding statements: (A) holding that the information must establish that the court has jurisdiction over both the subject matter and the parties (B) holding that when district court has continuing and exclusive jurisdiction over sapcr matter judge of another district court in same county may rule in matter so long as record is clear that judge is acting on behalf of court with continuing and exclusive jurisdiction (C) holding that the district court has broad authority to take jurisdiction over a matter even when that matter is not brought by a real party in interest (D) holding that the district court did not have jurisdiction and remanding the matter to state court (E) holding that the state law of preclusion must be followed even when federal jurisdiction over the subject matter of a claim is exclusive
answer:

(C)