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.

Trimble v. Asarco, Inc., 232 F.3d 946, 955 (8th Cir.2000). This decision strongly suggests that, in pertinent circumstances, conversion of a motion to dismiss into a motion for summary judgment is, as Home Products suggests, “automatic.” However, it also suggests that the proper procedure is for the district court expressly to “convert” a motion to dismiss into one for summary judgment. See id. (concluding that the district court had not followed the proper procedure, because it had not converted the motion). However, the decision also suggests that whether or not application of summary judgment standards is appropriate ultimately depends upon whether the parties were provided with adequate opportunity to address the merits of the motion according to summary judgment standards. See id. (<HOLDING>). A slightly earlier decision of the Eighth 
 Holding statements: (A) holding that where parties did not respond to an issue in summary judgment motion parties relinquished any claim on the issue and conceded that summary judgment should be entered against them (B) holding that appellate review under summary judgment standards was appropriate where the district court despite its procedural error provided the parties with a full opportunity to present all pertinent materials outside the pleadings regarding the issue of response costs and the parties created a complete record on the issue (C) holding issue not properly before the appellate court where appellant fails to demonstrate where in the record an issue was raised in the district court (D) recognizing that the specific argument regarding an issue must be made in the trial court to preserve that issue for appellate review (E) holding that an appellate court has discretion to consider an issue not argued by the parties
holding that where parties did not respond to an issue in summary judgment motion parties relinquished any claim on the issue and conceded that summary judgment should be entered against them

with intent to murder”; therefore, the two convictions did not violate double jeopardy. Id. In addition to comparing the statutory elements of an offense both in the abstract under Blockburger and as applied to the facts of the particular case under Duchac, courts consider other factors relevant to ascertaining legislative intent. These factors include the following: (1) whether there were multiple victims involved; (2) whether several discrete acts were involved; and (3) whether the evil at which each offense is directed is the same or different. As we noted in Goins, “generally, if a criminal episode involves several victims who have personally been victimized, the evidence could sustain multiple convictions.” Goins, 705 S.W.2d at 651 (citing State v. Irvin, 603 S.W.2d 121 (Tenn.1980)(<HOLDING>)). In Goins, however, we held that the multiple 
 Holding statements: (A) holding that a single transaction involving multiple obscene materials constitutes but one offense (B) holding that it was plain error for trial court to allow more than one conviction of grossly negligent operation of a vehicle where more than one person was injured (C) holding that multiple convictions under  924c cannot be based on offenses forming a single unit of prosecution (D) holding that killing more than one person in a single automobile accident justified multiple homicide convictions (E) holding that a defendant may not be convicted of multiple offenses under  922g on the basis that he belonged to more than one prohibited class or that he simultaneously possessed more than one firearm
holding that a single transaction involving multiple obscene materials constitutes but one offense

state law causes of action pursuant to 28 U.S.C. § 1367. IV. DISPOSITION For all of the foregoing reasons, the Court DENIES Defendants’ Motion to Dismiss (Doc. 23). The Clerk shall remove Document 23 from the Court’s pending motions list. IT IS SO ORDERED. 1 . In Bell Atlantic Corp., the United States Supreme Court rejected the language previously used by the Court in Conley v. Gibson, providing that "[i]n appraising the sufficiency of the complaint we follow, of course, the accepted rule that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957). See Bell Atlantic Corp., 127 S.Ct. at 1969 (<HOLDING>). 2 . Though there are other pleading 
 Holding statements: (A) holding that when language is exactly the same in two statutory provisions the meaning of that language is also identical (B) holding that the conley no set of facts language has earned its retirement and is best forgotten (C) holding when ordinance language is clear courts must give language its plain meaning (D) holding that dismissal is inappropriate unless it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations (E) holding that there was no jurisdictional defect when the language of the charging document tracked the statutory language even though the facts proffered at the plea hearing were insufficient to establish that the defendant committed the crime

holding that when language is exactly the same in two statutory provisions the meaning of that language is also identical