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.

Ex Input:
magistrate judge denied the motion, explaining that Mr. Schueller’s subjective perceptions did not demonstrate judicial bias and his claims were not based on any extrajudicial source to support a bias or partiality challenge. We generally review the denial of a recusal motion for abuse of discretion. ClearOne Comm’cns, Inc. v. Bowers, 651 F.3d 1200, 1217 (10th Cir.2011). For the reasons stated in the magistrate judge’s order denying recusal, we determine that recusal was not warranted and we find no abuse of discretion in the denial of the motion to recuse. To the extent Mr. Schueller now claims that the district judge was biased against him, he did not raise this issue to the district court, so we do not address it. See Koch v. Koch Indus., Inc., 203 F.3d 1202, 1239 (10th Cir.2000) (<HOLDING>). III. CONCLUSION Wells Fargo’s motion for 
 Holding statements: (A) holding plaintiffs waived their bias argument on appeal because they failed to timely move for disqualification (B) holding that the defendant waived argument on appeal by failing to develop a cogent argument (C) holding that party waived argument by failing to brief it on appeal (D) holding argument not asserted before district court is waived on appeal (E) holding the government waived its argument on appeal that the defendant did not have standing to challenge a search when it failed to raise the argument to the district court

Ex Output:
(A)


Ex Input:
so restricted. Rather, ... the doctrine is an intensely practical one, grounded in the realities of litigation in our adversary system. One of those realities is that attorneys often must rely on the assistance of investigators and other agents in the compilation of materials in preparation for trial. It is therefore necessary that the doctrine protect materials prepared by agents for the attorney as well as those prepared by the attorney himself. Id. at 238-39, 95 S.Ct. 2170. Accordingly, federal courts have consistently ruled that the work product doctrine is not inapplicable merely because the material was prepared by or for a party’s insurer or agents of the insurer. See Railroad Salvage of Conn. Inc. v. Japan Freight Consolidators (U.S.A.), Inc., 97 F.R.D. 37, 41 (E.D.N.Y.1983) (<HOLDING>), aff'd, 779 F.2d 38 (2d Cir.1985); Home Ins. 
 Holding statements: (A) holding that correspondence between defendant and its liability carriers was protected (B) holding that the prohibition of inmatetoinmate correspondence was not an unconstitutional infringement of prisoners first amendment rights (C) recognizing correspondence appeared to establish a settlement relationship between the parties given the letters presented an attempt to curb further litigation (D) recognizing first amendment and fourteenth amendment interests in inmate correspondence (E) holding that a sixmonth gap between the protected activity and the employees termination was insufficient to infer that the protected activity was a contributing factor

Ex Output:
(A)


Ex Input:
Inc., 213 W.Va. 667, 584 S.E.2d 523 (2003) (per curiam). Syl. Pt. 3, Shafer v. Kings Tire Service, Inc., 215 W.Va. 169, 597 S.E.2d 302 (2004). Cognizant of these standards, we turn to the substantive issues presented. III. DISCUSSION A Fair Value Determination Out the outset, we may quickly dispose of appellees’ argument that the instant appeal of the circuit court’s fair value determination of the PRF stock is untimely. Ap-pellees argue that the circuit court’s April 6, 2006, order setting the value of the shares of PRF stock “approximates a final order in its nature and effect” and, thus, was required to be appealed with four months of its entry pursuant to Rule 3(a) of the Rides of Appellant Procedure. See, Syl. Pt. 2, Durm v. Heck’s, Inc., 184 W.Va. 562, 401 S.E.2d 908 (1991) (<HOLDING>). However, simply because an order may be 
 Holding statements: (A) holding that an order was interlocutory in nature despite the trial courts certification of the order as a final appealable judgment (B) holding that an order is not a final appealable order when it does not dispose of the complaints against all of the defendants (C) holding that because trial courts order did not dispose of the defendants counterclaim that order was not a final judgment that would support an appeal (D) holding that the absence of language in an order indicating that there is not just reason for delay pursuant to rule 54b of the west virginia rules of civil procedure does not bar appeal of the order so long as this court can determine that the circuit courts ruling approximates a final order in its nature and effect (E) holding that an order which purports to become final upon the happening of an event specified in the order is not a final order and the happening of the event does not operate to render the order final

Ex Output:

(D)