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]: The Court agrees with Magistrate Judge Harvey that Ms. Toomer offers, no evidence of Ms. Stiger’s threat other than her own self-serving assertions and that such unsupported, self-serving assertions do not give rise to a triable issue of fact. See, e.g., Taylor v. FDIC, 132 F.3d 753, 762 (D.C. Cir. 1997) (when scrutinizing motions for summary judgment courts “examine the facts in the record and reasonable inferences in the light most favorable to the nonmoving party, but do not accept bare conclusory allegations, as fact”) (internal citations omitted); Ward v. District of Columbia, 950 F.Supp.2d 9, 17 (D.D.C. 2013) (“[S]elf-serving assertions are not sufficient to create an issue of material fact.”); Musgrove v. Gov’t of the District of Columbia, 775 F.Supp.2d 158, 170 (D.D.C. 2011) (<HOLDING>). Even if unsupported, self-serving assertions 
 Holding statements: (A) holding conclusory statements in affidavits and deposition testimony standing alone are insufficient to withstand a properlysupported motion for summary judgment (B) holding that evidence of alleged limitations obtained soon after accident was without more insufficient to survive summary judgment (C) holding that adverse inference alone insufficient to support a motion for summary judgment (D) holding that a plaintiffs selfserving deposition testimony was not enough for her fdcpa claim to survive summary judgment but that a consumer survey may have been sufficient (E) holding that selfserving deposition testimony standing alone is insufficient to survive a motion for summary judgment
[A]: (E)


[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]: achieved dismissal of 59% of the Plaintiffs’ causes of action, the Court finds that McKool Smith is only entitled to that same percentage of the fees requested in the Fee Statements. See Roussell v. Brinker Int’l, Inc., No. H-05-3733, 2010 WL 1881898, at *3 (S.D.Tex. Jan.13, 2010) (citing Hensley, 461 U.S. at 434, 103 S.Ct. 1933) (noting that the most important of the Johnson factors to be considered in adjustments to the lodestar fee is “overall degree of success achieved”); Arnold, 2000 WL 354395, at *7-8 (citing Shipes v. Trinity Indus., 987 F.2d 311, 320 (5th Cir.), cert. denied, 510 U.S. 991, 114 S.Ct. 548, 126 L.Ed.2d 450 (1993)) (considering the results obtained in making a downward adjustment to the lodestar fee); Migis v. Pearle Vision, Inc., 135 F.3d 1041, 1048 (5th Cir.1998) (<HOLDING>). Accordingly, the Court reduces the lodestar 
 Holding statements: (A) holding that deficiencies in a fee application justified a fortyfive percent reduction in the allowable fees (B) holding that the district court abused its discretion by failing to award attorneys fees based on the objective unreasonableness of plaintiffs complaint (C) holding that the court has discretion to double check the reasonableness of the percentage fee through a lodestar calculation (D) holding that even after a ten percent reduction to the lodestar fee the district court abused its discretion by failing to adequately consider the result obtained relative to the attorneys fees requested (E) holding that under  1988 consideration of the results obtained relative to the relief requested is required
[A]:
(D)