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.

Q: relevant facts. See Mot. at 13-14. Defendant, too, claimed in its subsequent statement of the issues that this talk happened between April 1 and April 4 and cited the same supportive evidence to this effect. See SOF, ¶ 73 (citing Howe Dep. at 32:7-12, 34:12-19 and May 13, 2014, Howe Email). Because Marks never refuted this fact by offering his own statement of the issues, as required under Local Rule 7(h), the Court could thus consider WWL’s account admitted on this ground alone. See LCvR 7(h) (“[I]n determining a motion for summary judgment, the Court may assume that facts identified by the moving party in its statement of material facts are admitted, unless such a fact is controverted in the statement of genuine issues filed in opposition to- the motion.”); Jackson, 101 F.3d at 153 (<HOLDING>). The Court, however, need not rest on this 
 Holding statements: (A) holding that the relevant inquiry is not whether the court has discretion to facilitate notice but whether this is an appropriate case in which to exercise discretion (B) holding district court has complete discretion whether to treat facts as conceded where local rule is violated (C) holding the district court did not abuse its discretion by applying local rules that excluded some of the material facts offered in opposition to a motion for summary judgment (D) holding that the predecessor to local rule 561b3 provides the only acceptable means of  presenting additional facts to the district court (E) holding a district court has discretion under rule 55b2 once a default is determined to require proof of necessary facts and need not agree that the alleged facts constitute a valid cause of action

A: holding that the relevant inquiry is not whether the court has discretion to facilitate notice but whether this is an appropriate case in which to exercise discretion
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Q: the report and recommendation did not notify the parties that they must file timely objections to preserve their right to appellate review. He argues that the firm waiver rule should not be enforced in the absence of such an explicit notification. While we have held that the firm waiver rule is inapplicable when pro se litigants are not given explicit notice of the rule, see id. at 659, we have never extended that practice to counseled cases. We decline to do so today, because we expect counsel to know the rules. See Nasious v. Two Unknown B.I.C.E. Agents, 492 F.3d 1158, 1163 n. 5 (10th Cir.2007) (“[W]e expect counsel to know the pleading rules of the road without being given personal notice of them by the district court.”); United States v. Windrix, 405 F.3d 1146, 1157 (10th Cir.2005) (<HOLDING>). While 28 U.S.C. § 636(b)(1) provides that a 
 Holding statements: (A) holding that district court did not abuse its discretion in striking fact statements that did not comply with the local rules (B) holding that a criminal defendants counsel is charged with knowledge of the local criminal rules in their entirety including those parts of the local civil rules incorporated by reference (C) holding the district court did not abuse its discretion in applying its own local rules even though those rules prevented it from considering some facts improperly alleged by plaintiffs that might have been relevant to the summary judgment motion (D) holding that the federal expert witness compensation rules are in direct conflict with the state rules even when the state rules allow for a greater recovery (E) holding that defendants have a right to counsel in criminal proceedings

A: holding that district court did not abuse its discretion in striking fact statements that did not comply with the local rules
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Q: 31, 33 (2d Cir.1978)). II, A. ’ In support of his motion for summary judgment, the plaintiff first claims that the defendant has violated 15 U.S.C. §§ 1692e(2)(A) and 1692f by attempting to collect a debt barred by the state statute.of limitations, Conn.Gen.Stat. § 52-576. The plaintiffs argument, however, is devoid of merit. In Hubbard v. National Bond & Collection Associates, 126 B.R. 422 (D.Del.), aff'd without opinion, 947 F.2d 935 (3d Cir.1991), the bankruptcy court held that the plain language of Section 1692e “was intended to prohibit only knowing or intentional misrepresentations by debt collectors,” and that this interpretation was “consistent with the FDCPA’s purpose and structure.” Id. at 427; see also Smith v. Transworld Systems, Inc., 953 F.2d 1025, 1032 (6th Cir.1992) (<HOLDING>); 15 U.S.C. § 1692k(c) (providing that “[a] 
 Holding statements: (A) holding that failure to record an assignment does not give rise to a cause of action (B) holding that a violation of a state statute regarding the swearing of criminal complaints does not give rise to constitutional liability (C) holding that alleged violations of a state statute did not give rise to federal constitutional claims (D) holding that a state agencys violations of its own internal regulations did not establish a due process violation or otherwise give rise to a constitutional claim (E) holding that an unintentional bona fide error did npt give rise to a violation of the fdcpa

A:
holding that failure to record an assignment does not give rise to a cause of action
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