With no explanation, chose the best option from "A", "B", "C" or "D". may submit a statement of additional facts which the respondent contends are material and present a genuine issue for trial. Local Rule 56.1, NDGa. However, the court “will not consider” any such fact if it is: (a) not supported by a citation to evidence (including' page or paragraph number); (b) supported by a citation to a pleading rather than to evidence; (c) stated as an issue or legal conclusion; or (d) set out only in the brief and not in the movant’s statement of undisputed facts. Local Rule 56.1, NDGa. “[Fjailure to comply with local rule 56.1 is not a mere technicality”; instead, the rule provides “the only permissible way for [the non-movant] to establish a genuine issue of material fact.” Mann, 588 F.3d at 1303; see also Reese v. Herbert, 527 F.3d 1253, 1268 (11th Cir. 2008) (<HOLDING>). Applying this rule, the magistrate judge

A: holding that the district court was entitled to deference in its application of  4b12 of the sentencing guidelines in a case where the underlying facts were undisputed
B: holding that a district court should disregard or ignore evidence relied on by the respondent when not properly cited in response to a movants statement of undisputed facts
C: holding that waiver should be reviewed de novo when decided without trial on undisputed facts
D: holding that the district court properly dismissed an indictment where the parties argued the applicability of a statute based on a set of undisputed facts
B.