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.
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Question: his claims based on injury to his eye and knees. But Mr. Sanders does not state any basis for his challenge to those decisions. Finally, Mr. Sanders claims that he has been deprived of due process and discriminated against based on his race. As already stated, we have jurisdiction to consider constitutional arguments. See 38 U.S.C. § 7292(d)(2). But Mr. Sanders does not provide any facts to substantiate his arguments. Nor do we see any basis for his arguments in the record. In the absence of any evidentiary support, Mr. Sanders’s passing remarks amount to no more than a constitutional label for his otherwise factual disagreement "with the decisions of the Veterans Court and the Board. That does not suffice to create jurisdiction. See Helfer v. West, 174 F.3d 1332, 1335 (Fed.Cir.1999) (<HOLDING>); Livingston v. Derwinski, 959 F.2d 224, 225 
 Holding statements: (A) holding that an untimely postjudgment motion does not toll the time for filing a notice of appeal and that this court has no jurisdiction over an untimely filed appeal (B) holding that rcw 1040200 does not create a constitutional right to be advised of immigration consequences therefore failure to comply with statute does not create constitutional harm (C) holding that a board decision is required to vest the court of veterans appeals with jurisdiction over a claimants appeal (D) holding that mere disagreement over the proper treatment does not create a constitutional claim (E) holding that a claim that is constitutional in name only does not create jurisdiction over an appeal from the veterans court

Answer: holding that an untimely postjudgment motion does not toll the time for filing a notice of appeal and that this court has no jurisdiction over an untimely filed appeal


Question: to allege damages through June 30, 2006 is the focus of their motion.”). Because the Government does not oppose Plaintiff supplementing the September 4, 2009 Complaint to seek damages through the end of 2009, the issue before the court is whether Plaintiff may supplement to allege a claim for damages incurred through December 31, 2009, or through December 31, 2010. See System Fuels, 73 Fed.Cl. at 211 (“Supplementation may be limited or curtailed to avoid prejudice.” (citation omitted)). Although Plaintiff may have given the Government an estimate of 2010 damages as early as July 2010, Plaintiff did not identify the specific 2010 damages claimed or provide the Government with supporting documentation of those damages until April 20, 2011 — t 4 Fed.Cl. 727 (2006) (“SMUD III") (<HOLDING>), aff'd in part, rev'd in part, 293 Fed.Appx. 
 Holding statements: (A) holding that smud is entitled to 53159863 in mitigation costs but staying entry of judgment pending the outcome of this proceeding (B) holding that smud was entitled to 39796234 in damages (C) holding that a plaintiff is entitled to either statutory treble damages or punitive damages whichever is the greater (D) holding that plaintiff was not entitled to a presumption of nominal damages when she had failed to request them (E) holding that smud was entitled to mitigation damages for costs incurred from may 15 1997 to december 31 2003

Answer: holding that smud is entitled to 53159863 in mitigation costs but staying entry of judgment pending the outcome of this proceeding


Question: issues — liability and damages — the Rules do not require a party to wait to file a Rule 50 or Rule 59 until after _ the entry of such a “judgment.” Rule 50 states that a movant “may renew its request for judgment as a matter of law by filing a motion no later than 10 days after entry of judgment.” Fed. R. Civ. Pro. 50(b). Rule 59 states that “any motion for a new trial shall be filed no later than 10 days after entry of the judgment.” Fed. R. Civ. Pro. 59(b). These rules do not, by their terms, preclude the filing of post-trial motions before “judgment” has been filed; they merely require that once “judgment” has been filed, a party has only 10 days to file the motions. The caselaw supports this interpretation of Rules 50 and 59. See Jurgens v. McKasy, 905 F.2d 382, 386 (Fed.Cir.1990) (<HOLDING>); O. Hommel Co. v. Ferro Corp., 659 F.2d 340 
 Holding statements: (A) holding summary judgment may only be entered for one who has filed a motion asking that relief and only after notice and hearing on that motion (B) holding that a second motion to reconsider served within ten days of the denial of the first motion does not extend the time period for filing a notice of appeal from the underlying judgment (C) holding that district courts order granting motion for default judgment was erroneous  because a default judgment cannot be entered until the amount of damages has been ascertained  (D) holding that any motion made within ten days of entry of judgment which seeks a substantive change in the judgment will be considered a rule 59e motion which suspends the finality of the judgment and tolls the time to appeal (E) holding that ten day limit in rule 59 sets only a maximum period and does not nullify an otherwise valid motion made before a formal judgment has been entered

Answer:
holding summary judgment may only be entered for one who has filed a motion asking that relief and only after notice and hearing on that motion