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.

[EX Q]: 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 For the propriety of citing this unpublished Second Circuit opinion, see Anastasoff v. United States, 223 F.3d 898, 899-905 (8th Cir.2000) (Arnold, J.) (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 Holding statements: (A) holding that unpublished opinions are of persuasive value at best and not precedential (B) holding that opinions accompanying the denial of certiorari cannot have the same effect as decisions on the merits (C) holding that even district court cases decided by panels of three have no precedential value (D) holding that unpublished opinions have precedential effect (E) recognizing that we ordinarily do not accord precedential value to our unpublished decisions and that such decisions are entitled only to the weight they generate by the persuasiveness of their reasoning citation omitted
[EX A]: (D)

[EX Q]: purposes of nonclient standing] is a question of fact.”). Neither party argues that Mark and Marie share some type of legally recognizable confidential relationship, and Marie offered no evidence to the district court that Mark acquired any privileged, confidential information from Marie. In Brown, this court concluded that “disqualification is not warranted absent proof of a reasonable probability that counsel actually acquired privileged, confidential information.” 116 Nev. at 1202, 14 P.3d at 1267 (emphasis added). Similarly, in the context of familial relationships, other courts have declined to disqualify counsel absent proof that counsel actually acquired confidential information from a family member. See, e.g., Addam v. Superior Court, 10 Cal. Rptr. 3d 39, 42 (Ct. App. 2004) (<HOLDING>); DCH Health Services, 115 Cal. Rptr. 2d at 
 Holding statements: (A) holding in a marital dissolution action that a sibling relationship between a husbands attorney and a wifes former physician was insufficient to disqualify the attorney and explaining that the attorneys brother presumably possesses confidential information relating to the wife but there is no evidence that he disclosed any such information to his sister (B) holding that presumption of access to and knowledge of confidential information between attorney and former client notwithstanding attorneys declarations to the contrary may not be rebutted (C) holding that in order to determine whether disqualification of plaintiffs attorney is appropriate because of a previous attorneyclient relationship he had with the defendant the court must determine whether confidential information was passed from client to attorney (D) holding that a wife is not liable simply by virtue of the marital relationship for her husbands fraudulent acts (E) holding that a corporate insider must abstain from trading in shares of his own corporation unless he has first disclosed the material information known to him not because of the relationship between the buyer and seller but because of the relationship of trust and confidence between the shareholders and the insider who obtained the confidential information by reason of his position with that corporation that relationship gives rise to a duty to disclose because of the need to prevent the insider from taking unfair advantage of the uninformed minority stockholders
[EX A]: (A)

[EX Q]: cable companies to provide telephone services”), cert. granted, No. 11SC669, 2012 WL 1940812 (Colo.2012); GTE North, Inc. v. Zaino, 96 Ohio St.3d 9, 770 N.E.2d 65, 69 (2002) (rejecting an ILEC’s constitutional challenge to an Ohio law that provided for a much higher rate of assessment on certain personal property of ILECs and noting that ILECs “enjoy the advantage ... of being the default provider of intraLATA call service for customers who fail to take affirmativ 337, 346-47 (1967) (finding it unconstitutional under Idaho’s uniformity clause to assess certain property at a higher ratio of full cash value), overruled by Simmons v. Idaho St. Tax Comm’n, 111 Idaho 343, 723 P.2d 887, 892-93 (1986); Inter Island Tel. Co., v. San Juan County, 125 Wash.2d 332, 883 P.2d 1380, 1382-83 (1994) (<HOLDING>). These cases are easily distinguishable, 
 Holding statements: (A) holding that the extension phone exemption applied to situations where a parent records his childs phone conversations from a phone extension within the parents home without any analysis of the recording partys purpose (B) recognizing that the government may seek a personal judgment specific property or substitute property (C) holding vendors right to receive payment under a land sale contract was personal property and a security interest representing that personal property right constituted realty paper and was subject to article 9 (D) holding that the utilities commission has the discretion to use a hypothetical capital structure in setting customer rates particularly where the utility is a whollyowned subsidiary of a holding company (E) holding it unconstitutional to assess a local phone company at a much higher rate than other utilities and personal property taxpayers
[EX A]:
(E)