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: 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

Answer: 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

Question: venue, the propriety of venue is fixed in the county chosen by the plaintiff. Tex.Civ.PRAC. & Rem.Code Ann. 15.063 (Vernon 1986); Tex.R.Civ.P. 86-1. If a defendant objects to the plaintiffs venue choice and properly challenges that choice through a motion to transfer venue, the question of proper venue is raised. Tex.R.Civ.P. 86. The burden is on the plaintiff to prove that venue is maintainable in the county of suit. Id. 87-2(a). If the plaintiff fails to meet this burden, the trial court must transfer the lawsuit to another specified county of proper venue. Tex.Civ.PRAC. & Rem.Code Ann. 15.063(1) ("The court ... shall transfer an action to another county of proper venue if ... the county in which the action is pending is not a proper county...."); Tieuel, 654 S.W.2d at 775 (<HOLDING>). If the plaintiff meets the burden, the trial
Holding statements: (A) holding that if a modification petition is filed in a county where venue is appropriate it is improper to transfer the venue to another county merely because venue also would have been proper in the other county however once an enforcement proceeding is undertaken in an appropriate venue venue is improper in a different county over a subsequently filed petition to modify the decree which was the subject of the enforcement proceedings (B) recognizing that the plaintiff has the right to file suit in any permissible county (C) holding venue proper where proper when the action was commenced (D) holding that even if venue was improper the case should have been transferred not dismissed (E) recognizing that if the plaintiff files suit in a county where venue does not lie the plaintiff waives the right to choose and the defendant may have the suit transferred to a proper venue

Answer: holding that if a modification petition is filed in a county where venue is appropriate it is improper to transfer the venue to another county merely because venue also would have been proper in the other county however once an enforcement proceeding is undertaken in an appropriate venue venue is improper in a different county over a subsequently filed petition to modify the decree which was the subject of the enforcement proceedings

Question: all of the circumstances, to apprise interested parties of the pendency of the settlement proposed and to afford them an opportunity to present their objections. See, e.g., Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 314, 70 S.Ct. 652, 94 L.Ed. 865 (1950) ("An elementary and fundamental requirement of due process in any proceeding which is to be accorded finality is notice reasonably calculated under all the circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity present their objections."); Mars s case clearly satisfies all of the necessary requirements. The Class Notice indicates the nature of the pending litigation. Stipulation of Settlement, Ex. F-2, at 4-7. The Class Notice indicates that any 00, 503 (10th Cir.1975) (<HOLDING>). 117. Though the Court will address all of the
Holding statements: (A) holding that notice of judgment was insufficient (B) holding that notice apprised class members sufficiently of information that notice was intended under the rule to convey (C) holding that notice to the attorney of record constitutes notice to the petitioner (D) holding that notice to supervisor is notice to city (E) holding that entry of settlement decree without notice to putative class members violated the due process rights of the class members

Answer:
holding that notice of judgment was insufficient