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.

Input: Consider Input: who are undeniably state actors, colluded with her in her actions. When all intendments are taken in the Plaintiffs’ favor, therefore, their allegations indicate both that Malac infringed their substantive due process rights and that she can be considered a state actor. Accordingly, Malac’s motion to dismiss is denied. III. CONCLUSION For the foregoing reasons, Defendant Barbara Malac’s motion to dismiss [Docket No. 47] is DENIED. The motion of Defendant Agent Cynthia Preston and Defendant Agent Nancy Gingras [Docket No. 50] to dismiss is DENIED with respect to Agent Preston, but GRANTED with respect to Agent Gingras. SO ORDERED. 1 . For the propriety of citing this unpublished Second Circuit opinion, see Anastasoff v. United States, 223 F.3d 898, 899-905 (8th Cir.2000) (Arnold, J.) (<HOLDING>), vacated as moot, 235 F.3d 1054 (8th Cir.2000) 
 Holding statements: (A) holding that unpublished opinions are of persuasive value at best and not precedential (B) holding that opinions accompanying the denial of certiorari cannot have the same effect as decisions on the merits (C) holding that even district court cases decided by panels of three have no precedential value (D) holding that unpublished opinions have precedential effect (E) recognizing that we ordinarily do not accord precedential value to our unpublished decisions and that such decisions are entitled only to the weight they generate by the persuasiveness of their reasoning citation omitted

Output: (D)


Input: Consider Input: other than delay. The same is true of Mr. Leland’s contention that he was not adequately kept informed by his attorney as the case progressed, that Mr. Largay failed to undertake requested actions, and that he relied too heavily on the prospect of a dramatic change in the legal landscape following Blakely up to Booker. But, there is no factual specificity to any of these arguments. Mr. Leland nowhere suggests what an evidentiary hearing would reveal to justify the relief he has requested. If the § 2255 petitioner wishes an evidentiary hearing, he must at a minimum present a plausible basis to conclude that the evidence would lead to a different result. Here, Mr. Leland has asserted no factual basis for such a conclusion. Cf. Owens v. United States, 483 F.3d 48, 61 (1st Cir.2007) (<HOLDING>). The Court concurs with the Magistrate Judge’s 
 Holding statements: (A) holding that district court was not required to hold an evidentiary hearing based on  2255 petitioners mere eonclusory allegations in his affidavit (B) holding that the district court abused its discretion in refusing to hold an evidentiary hearing because the petitioners allegations were not implausible and a final determination of the merits of petitioners claim would be best served by greater development of the facts many of which the government disputes (C) holding that review under  2254d1 is limited to the record before the state court that adjudicated the claim on the merits rejecting the petitioners claim that the federal habeas court could consider evidence introduced in an evidentiary hearing (D) holding that the state courts rejection of the petitioners ineffective assistance of counsel claim was an unreasonable determination of the facts in light of the evidence before the state court (E) holding that it was an abuse of discretion for the bia to fail to consider the merits of a petitioners claim

Output: (B)


Input: Consider Input: to return monies paid by or on behalf of the class members. The amount of these monies may be reasonably obtained from [LSRC’s] records.” Thus, the Keys proved that through the time-sequential job numbers assigned to each of LSRC’s contracts with putative class members from a point certain in time (i.e., from whatever point in time suit is timely based on the application, if any, of LSRC’s statute-of-limitations affirmative defense to the certified class claims for declaratory-judgment and DTPA section 17.50(a)(4) (Violation of Chapter 541 of the Texas Insurance Code) claims, the damages of each class member may be established solely by reference to the amount of LSRC’s contract with that class member. See Swv . Bell Tel. Co. v. Mktg. on Hold Inc., 308 S.W.3d 909, 923-24 (Tex. 2010) (<HOLDING>). LSRC asserts that even if this is true— so 
 Holding statements: (A) holding that trial court did not abuse its discretion by determining predominance was not defeated by differing amount of damages each class member would be entitled to when calculations could be computed from defendants records (B) holding that rule 23b2 calls for injunction as to all class members or to none of them and does not authorize class certification when each class member would be entitled to an individualized award of monetary damages (C) holding that where named plaintiff was employee of class counsel district court did not abuse its discretion by denying class certification (D) holding that trial court did not abuse its discretion by determining expert witness was qualified to testify (E) holding that fdcpa statutory damages did not predominate over the requested equitable relief because given the defendants net worth and the number of class members each class member would be entitled to receive only 025 in statutory damages


Output: (A)