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]: 10-987-AC, 2010 WL 5148473, at *3-5 (D.Or. Dec. 13, 2010) (collecting cases); see also Nelson v. Bank of Am., N.A., 446 Fed.Appx. 158, 158 (11th Cir.2011) (similar). 93 . See, e.g., Wright v. Chase Home Finance, LLC, No. CV 11-00095-PHX-FJM, 2011 WL 4101513, at *2 (D.Ariz. Sept. 14, 2011) (citing Fletcher v. OneWest Bank, FSB, 798 F.Supp.2d 925, 930 (N.D.Ill.2011)). 94 . Vida, 2010 WL 5148473, at *5. 95 . Lucia v. Wells Fargo Bank, N.A., 798 F.Supp.2d 1059, 1069 (N.D.Cal.2011) (citations omitted). 96 . Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1039 (9th Cir.2011). 97 . Id. at 1040 (citations omitted). 98 . Id. 99 . Id. at 1039. 100 . Id. 101 . Id. (citation omitted). 102 . Dkt. 30 at 5-6; Dkt. 47 at 17-27. 103 . See In re Wilhelm, 407 B.R. 392, 397-405 (D.Idaho 2009) (<HOLDING>); Saxon Mortg. Servs. v. Hillery, No. C-08-4357 
 Holding statements: (A) holding that creditors could not seek relief from a bankruptcy stay because they were not the real parties in interest and lacked standing as they were not holders of the notes and failed to establish that mers was the holder or had authority to transfer the notes (B) holding that the creditors had standing because the plan eliminated their interests in the borrower notes and deeds of trust and disposed of the assets in the estate from which they seek to be paid (C) holding that plaintiffs lacked standing to seek injunctive relief because they failed to demonstrate any likelihood that they would end up back in jail where alleged constitutional violations occurred (D) holding that despite evidence of voluntary transfer of promissory notes and the plaintiffs possession thereof the plaintiff was not the holder of the note under the ucc as the notes were not drawn issued or indorsed to her to bearer or in blank the plaintiff testified to some of the circumstances under which she obtained possession of the notes but the trial court made no findings of fact with respect thereto (E) holding that mers was not the beneficiary of a deed of trust under the oregon trust deed act absent conveyance to mers of the beneficial right to repayment and that mers could not hold or transfer legal title to the deed as the lenders nominee
[A]: holding that the creditors had standing because the plan eliminated their interests in the borrower notes and deeds of trust and disposed of the assets in the estate from which they seek to be paid


[Q]: Clause. ¶ 13. Respondent’s main interest in this case is his right to run for elected office. In general, the federal courts have declined to hold that the right to run for elective office is “fundamental,” a position that was applied in the seminal Clements decision. There, a plurality of the high court held that “[f]ar from recognizing candidacy as a fundamental right, we have held that the existence of barriers to a candidate’s access to the ballot does not of itself compel close scrutiny.” 457 U.S. at 963 405, 420 (W. Va. 2000) (concluding that constitutional provision forcing judges to vacate office before running for nonjudicial office was supported by “State’s compelling and permissible interest”); Wagner v. Milwaukee County Election Comm’n, 2003 WI 103, ¶ 78, 666 N.W.2d 816 (<HOLDING>). ¶ 16. Respondent’s constitutional arguments 
 Holding statements: (A) recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights (B) holding right to testify was federal constitutional right (C) holding that states legitimate interests in enacting constitutional provision prohibiting judges from holding other public office far outweigh the burdens put upon the petitioners right to be a candidate for office (D) holding that a school superintendent does not have a constitutional right to actually hold his position and execute the duties of the office (E) holding constitutional provision selfexecuting if it grants right that can be put into operation without further legislative action
[A]: recognizing the right to trial by jury is a constitutional right to be given the same protections as other constitutional rights


[Q]: counterclaim. See, e.g., Wassail v. DeCaro, 91 F.3d 443, 445 (3d Cir. 1996) (stating that the plaintiff agreed to drop claims where the defendant agreed to drop counterclaim); Tymshare, Inc. v. Covell, 727 F.2d 1145, 1149 (D.C.Cir.1984) (noting that the plaintiffs agreed to dismiss claims where the defendants agreed to dismiss counterclaims). The economies argument ultimately devolves into an argument about the manageability of the counterclaims in the context of the class action, a concern addressed both by Rule 13 and by Rule 23. Rule 13 (i), through its reference to Rule 42(b), Ala. R. Civ. P., provides that, to further convenience and to avoid prejudice, a court may order separate trials of the counterclaims. See FDIC v. Selaiden Builders, Inc., 973 F.2d 1249, 1253 (5th Cir.1992) (<HOLDING>), cert. denied, 507 U.S. 1051, 113 S.Ct. 1944, 
 Holding statements: (A) holding trial court did not abuse its discretion by ruling based only on affidavits (B) holding that the trial court did not abuse its discretion in changing the surname of the child where the court made factual findings that the name change would be in the best interest of the child (C) holding that the trial court did not abuse its discretion in refusing to allow the withdrawal of the juiy trial waiver (D) holding that the trial court did not abuse its discretion in ordering a new trial based on a 250000 award for a mental distress claim (E) holding that the trial court did not abuse its discretion by ordering a separate trial for the counterclaims where the convenience of the parties would be served
[A]:
holding trial court did not abuse its discretion by ruling based only on affidavits