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.

Input: Consider Input: Trimble v. Asarco, Inc., 232 F.3d 946, 955 (8th Cir.2000). This decision strongly suggests that, in pertinent circumstances, conversion of a motion to dismiss into a motion for summary judgment is, as Home Products suggests, "automatic." However, it also suggests that the proper procedure is for the district court expressly to "convert" a motion to dismiss into one for summary judgment. See id. (concluding that the district court had not followed the proper procedure, because it had not converted the motion). However, the decision also suggests that whether or not application of summary judgment standards is appropriate ultimately depends upon whether the parties were provided with adequate opportunity to address the merits of the motion according to summary judgment standards. See id. (<HOLDING>). A slightly earlier decision of the Eighth
Holding statements: (A) holding that where parties did not respond to an issue in summary judgment motion parties relinquished any claim on the issue and conceded that summary judgment should be entered against them (B) holding that appellate review under summary judgment standards was appropriate where the district court despite its procedural error provided the parties with a full opportunity to present all pertinent materials outside the pleadings regarding the issue of response costs and the parties created a complete record on the issue (C) holding issue not properly before the appellate court where appellant fails to demonstrate where in the record an issue was raised in the district court (D) recognizing that the specific argument regarding an issue must be made in the trial court to preserve that issue for appellate review (E) holding that an appellate court has discretion to consider an issue not argued by the parties

Output: holding that where parties did not respond to an issue in summary judgment motion parties relinquished any claim on the issue and conceded that summary judgment should be entered against them

Input: Consider Input: Rodrigues hit him in the head with a hand-held radio. Defendant Rodrigues ordered Barile to tell the doctors at the hospital that he injured himself in a "fall." Subsequently, Barile made a complaint to the Internal Affairs Division and an investigator was assigned to verify Barile's claim. On June 11, 1997, a private attorney informed Barile that the law firm had filed a Notice of Intent to sue the City of Hartford. On April 13, 2004, the cessive force against him on December 21, 1996. Thus, Barile had until December 21, 1999, to file his complaint. When considering a ease filed by a prisoner, the courts consider a complaint to have been filed as of the date the inmate gives the complaint to prison officials to be mailed to the court. See Dory v. Ryan, 999 F.2d 679, 682 (2d Cir.1993) (<HOLDING>) (citing Houston v. Lack, 487 U.S. 266, 270,
Holding statements: (A) holding that prisoners notice of appeal is deemed filed on date he delivered it to prison officials for mailing to court (B) holding that an noa filed by a pro se prisoner is deemed filed on the date that the prisoner delivers it to prison authorities for mailing (C) holding that prisoners notice of appeal deemed filed on date he delivered it to prison officials for mailing to court (D) holding that the date of filing is the time at which a pro se prisoner entrusts the document to prison officials for delivery (E) holding that a pro se prisoner complaint is deemed filed as of the date the prisoner gives the complaint to prison officials to be forwarded to the court

Output: holding that prisoners notice of appeal is deemed filed on date he delivered it to prison officials for mailing to court

Input: Consider Input: from representing plaintiffs "in either this or similar actions." Id. at 1196. Likewise here, Yanny would be prohibited from representing the interests of any party against his former client, the Church of Scientology organization. However, I see no basis for precluding Berry or the Musick, Peeler firm from representing F.A.C.T.Net based on the fact that they formerly represented Yanny in defending him against charges made by the Church of Scientology. Moreover, in suing Yanny as it did, Plaintiffs waived any privilege with respect to any information relevant to the issues raised by their claims and released Yanny from his obligation of secrecy with respect to that information. See Carlson, Collins, Gordon & Bold v. Banducci, 257 Cal.App.2d 212, 228, 64 Cal-Rptr. 915 (Cal.App.1967) (<HOLDING>) That principle of California professional
Holding statements: (A) holding that the inadvertent disclosure of a privileged document does not waive the attorneyclient privilege if attorney took all reasonable steps to avoid disclosure and asserted the privilege as soon as the disclosure became known (B) holding that authorization cards are privileged from disclosure to employer (C) holding an attorney is released from those obligations of secrecy which the law places upon him whenever the disclosure of a communication otherwise privileged becomes necessary to the protection of the attorneys own rights (D) holding that a document which is given to an attorney in the course of seeking legal advice is privileged in the hands of the attorney only if it was privileged in the hands of the client (E) holding that trial court properly refused to permit disclosure of privileged communications in part because use of the privileged information was not essential to the defense
Output: holding that the inadvertent disclosure of a privileged document does not waive the attorneyclient privilege if attorney took all reasonable steps to avoid disclosure and asserted the privilege as soon as the disclosure became known