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]: 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
[A]: (E)


[Q]: federal courts intervene in the matter. The argument is unavailing, however, where the pending question is whether the Board’s proceedings constitute an effort by the state to impose its regulatory authority in a field preempted by Congress. See Association of Int’l Auto. Mfrs., Inc. v. Commissioner, Massachusetts Dep’t of Envtl. Protection, 208 F.3d 1, 2000 WL 298563, at *3 (1st Cir. March 27, 2000)(finding that the court’s initial invocation of the primary jurisdiction doctrine was unwise where “the ultimate legal determination of whether the Massachusetts regulations are preempted by the [federal Clean Air Act] is a question of federal preemption law for the courts alone to decide”); Volkswagen de Puerto Rico, Inc. v. Puerto Rico Labor Relations Bd., 454 F.2d 38, 41 (1st Cir.1972)(<HOLDING>). The state defendants also move to dismiss 
 Holding statements: (A) holding that the plaintiff must exhaust her administrative remedies and it does not matter that the plaintiff was using state law as the vehicle to press her assertion (B) holding that plaintiff was not required to exhaust its administrative remedies before the puerto rico labor relations board before invoking the jurisdiction of the federal courts to determine whether the boards assertion of jurisdiction was proper (C) recognizing the general rule that parties must exhaust prescribed administrative remedies before seeking relief from federal courts  (D) holding that plaintiff could not present his erisa estoppel claim to the district court because he did not properly exhaust it before the administrative review board (E) holding that federal prisoners need not exhaust their administrative remedies before filing suit in federal court
[A]: (B)


[Q]: sold these individuals various children’s Social Security information. Defendant instructed the taxpayers which particular tax return preparer to use— typically, Wanda Marion at the Memphis Currency Exchange — , and often transported them to that location and waited while the returns were being processed and filed. Each taxpayer’s individual return listed the false dependent as a “foster child” so as to entitle the taxpayer to head-of-household filing status, a dependency exemption, and earned income credit. As the mothers testified, none of the taxpayers who claimed a child as a foster child on his federal we review for clear error a district court’s application of an obstruetion-of-justice enhancement under U.S.S.G. § 3C1.1); United States v. Brown, 332 F.3d 363, 375 (6th Cir.2003) (<HOLDING>); United States v. Orlando, 363 F.3d 596, 
 Holding statements: (A) holding that we review a district courts interpretation of a statute de novo (B) holding that we review for clear error a district courts factual determination as to whether prior cases were consolidated for sentencing under ussg  4a12a2 and that we give the court due deference in its application of the guidelines to that determination (C) holding that we review for clear error a district courts factual determination concerning the amount of loss for which the defendant is to be held accountable as relevant conduct under   1b13a1 (D) holding that we review for clear error a district courts factual determination of the conduct in which defendant engaged but that we review de novo the district courts determination of whether that conduct constitutes relevant conduct for purposes of ussg  1b13a2 (E) holding that we review for clear error a district courts factual determination of a defendants role in an offense for purposes of applying ussg  3b11a
[A]:
(D)