TASK DEFINITION: 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.
PROBLEM: 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

SOLUTION: (E)

PROBLEM: abuse of a minor, the trial court may apply the statutory presumption that Junior and Saul are at substantial risk of being sexually abused. And if the trial court again finds that Rowan sexually abused Agnes, it can conclude that Junior and Saul are at substantial risk of being sexually abused. v. CONCLUSION We REMAND this case to the trial court for proceedings consistent with this opinion. Jurisdiction is RETAINED. 1 . We use pseudonyms to protect the privacy of the parties. 2 . The record does not show that Rowan attempted to obtain the information any other way, such as by scheduling a deposition, before making his motion. 3 . AS 40.25.100-295. AST relied on AS 40.25.120(a)(2), records pertaining to juveniles, and (a)(6), law enforcement records. 4 . 533 P.2d 13, 16 (Alaska 1975) (<HOLDING>). 5 . Rhodes v. Erion, 189 P.3d 1051, 1053 
 Holding statements: (A) holding prison official is deliberately indifferent if he knew that prisoner faced a substantial risk of harm and disregarded that risk (B) holding that mere knowledge of a defect is not sufficient to amount to an eighth amendment claim defendant must also draw the inference that a substantial risk of serious harm exists (C) holding defendants prior conviction for assault related to sexual abuse of a minor even though it did not require an act of sexual abuse because it required intent to commit sexual abuse  and such a mens rea demonstrate the offense was one relating to sexual abuse (D) holding that fathers sexual abuse of daughter demonstrated serious disregard of parental responsibilities and lack of social and moral values that posed substantial risk of harm to sons (E) holding that a party who can show a significant risk of irreparable harm has demonstrated that the harm is not speculative

SOLUTION: (D)

PROBLEM: and the order denying reconsideration are both properly before this court, as both were filed within 30 days of the trial court’s original nonfinal order. Otherwise, the order denying the Partnership’s motion for reconsideration of an appealable nonfinal order is not in itself, alone, an appealable order. Agere, 931 So.2d at 245. Furthermore, while “a legally insufficient motion to vacate a default cannot be corrected as a matter of right by a motion for reconsideration or hearing, a trial court does have the inherent discretionary power to reconsider any order entered prior to the rendition of final judgment in the cause.” City of Hollywood v. Cordasco, 575 So.2d 301, 302 (Fla. 4th DCA 1991) (emphasis in original); Monte Campbell Crane Co., Inc., 510 So.2d 1104 (Fla. 4th DCA 1987) (<HOLDING>); see generally, James H. Wyman, 
 Holding statements: (A) holding that motion for reconsideration would be construed not as a rule 60b motion but rather as an unauthorized successive motion under  2255 which the district court may have been without jurisdiction to consider (B) holding that an unauthorized motion for rehearing does not toll defendants time for filing a notice of appeal (C) holding that unauthorized motion for rehearing to set aside default heard by trial court will be considered as motion for reconsideration (D) holding that the trial court was without authority to set aside entry of default on motion to set aside default judgment (E) holding that the district court did not err by concluding that the bankruptcy court did not abuse its discretion in denying motion for continuance motion to withdraw and motion for reconsideration and rehearing

SOLUTION:
(C)