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.

[Q]: the report and recommendation did not notify the parties that they must file timely objections to preserve their right to appellate review. He argues that the firm waiver rule should not be enforced in the absence of such an explicit notification. While we have held that the firm waiver rule is inapplicable when pro se litigants are not given explicit notice of the rule, see id. at 659, we have never extended that practice to counseled cases. We decline to do so today, because we expect counsel to know the rules. See Nasious v. Two Unknown B.I.C.E. Agents, 492 F.3d 1158, 1163 n. 5 (10th Cir.2007) ("[W]e expect counsel to know the pleading rules of the road without being given personal notice of them by the district court."); United States v. Windrix, 405 F.3d 1146, 1157 (10th Cir.2005) (<HOLDING>). While 28 U.S.C. 636(b)(1) provides that a
Holding statements: (A) holding that district court did not abuse its discretion in striking fact statements that did not comply with the local rules (B) holding that a criminal defendants counsel is charged with knowledge of the local criminal rules in their entirety including those parts of the local civil rules incorporated by reference (C) holding the district court did not abuse its discretion in applying its own local rules even though those rules prevented it from considering some facts improperly alleged by plaintiffs that might have been relevant to the summary judgment motion (D) holding that the federal expert witness compensation rules are in direct conflict with the state rules even when the state rules allow for a greater recovery (E) holding that defendants have a right to counsel in criminal proceedings
[A]: holding that district court did not abuse its discretion in striking fact statements that did not comply with the local rules

[Q]: with intent to murder"; therefore, the two convictions did not violate double jeopardy. Id. In addition to comparing the statutory elements of an offense both in the abstract under Blockburger and as applied to the facts of the particular case under Duchac, courts consider other factors relevant to ascertaining legislative intent. These factors include the following: (1) whether there were multiple victims involved; (2) whether several discrete acts were involved; and (3) whether the evil at which each offense is directed is the same or different. As we noted in Goins, "generally, if a criminal episode involves several victims who have personally been victimized, the evidence could sustain multiple convictions." Goins, 705 S.W.2d at 651 (citing State v. Irvin, 603 S.W.2d 121 (Tenn.1980)(<HOLDING>)). In Goins, however, we held that the multiple
Holding statements: (A) holding that a single transaction involving multiple obscene materials constitutes but one offense (B) holding that it was plain error for trial court to allow more than one conviction of grossly negligent operation of a vehicle where more than one person was injured (C) holding that multiple convictions under 924c cannot be based on offenses forming a single unit of prosecution (D) holding that killing more than one person in a single automobile accident justified multiple homicide convictions (E) holding that a defendant may not be convicted of multiple offenses under 922g on the basis that he belonged to more than one prohibited class or that he simultaneously possessed more than one firearm
[A]: holding that a single transaction involving multiple obscene materials constitutes but one offense

[Q]: the defendant's breach of contract and bad faith refusal to pay the claims do not raise a federal question and, therefore, removal was improper. The plaintiffs contend this is a private contractual dispute between an insured and a health care insurer and argue the well-pleaded complaint rule should govern this case. Removal of a state court action based on federal question jurisdiction is proper only if the action asserts a claim "arising under the Constitution, laws, or treaties of the United States." 28 U.S.C. 1331, 1441. Ordinarily, as plaintiffs contend, a ease "arises under" federal law only when a federal question appears on the face of the plaintiffs' well-pleaded complaint. Caterpillar Inc. v. Williams, 482 U.S. 386, 391-92, 107 S.Ct. 2425, 2428-29, 96 L.Ed.2d 318 (1987) (<HOLDING>). Under that rule, a ease cannot be removed
Holding statements: (A) holding the presence or absence of federalquestion jurisdiction is governed by the veil pleaded complaint rule which provides that federal jurisdiction exists only where a federal question is presented on the face of the plaintiffs properly pleaded complaint (B) holding that exercise of jurisdiction over plaintiffs state law claims was proper on the basis of supplemental jurisdiction even though the plaintiffs had erroneously claimed diversity jurisdiction because a legitimate federal question was also presented and the state law claims formed part of the same case or controversy as the federal claim (C) holding that a claim not pleaded in the petition ie the complaint was not properly before the court on a motion for summary judgment (D) holding despite authority for the general proposition that the duty to defend is determined based on the allegations of the complaint that an insurer had no duty to defend where the underlying claim was covered by the policy based on the facts pleaded in complaint but other facts not appearing in the complaint excluded coverage (E) holding that where the statute of frauds is pleaded the burden is on the plaintiff to demonstrate that a sufficient writing exists
[A]:
holding that exercise of jurisdiction over plaintiffs state law claims was proper on the basis of supplemental jurisdiction even though the plaintiffs had erroneously claimed diversity jurisdiction because a legitimate federal question was also presented and the state law claims formed part of the same case or controversy as the federal claim