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.

Def.’s Mot., Ex. E, Gaskins’ Decl. ¶ 5. Although plaintiff said that he “heard the rumor about [the cubicle] being unsafe[,]” he contends that the cubicle was not in disrepair and was removed solely in retaliation for his EEO complaint. Def.’s Mot., Ex. A, Jones Dep. at 113, 115. However, plaintiff did not testify that he was unable to complete his work assignments; rather, he testified that the result of the cubicle being dismantled was that he “had no place to put none of [his] stuff[,]” which included “records and stuff[,]” although he testified that the cubicle was replaced with a desk, albeit a small one. Id. at 114-15. These facts do not support a finding of an adverse action sufficient to establish a prima facie case of retaliation. See, e.g., Brodetski, 141 F.Supp.2d at 45 (<HOLDING>) (citation omitted). III. Conclusion For the 
 Holding statements: (A) holding that the administrative transfer of a teacher which denied him the opportunity to teach his preferred subject could constitute an adverse employment action (B) holding that plaintiff s allegations that defendants denied him his right to choose a new workstation on two occasions do not constitute adverse employment actions even if they made plaintiff feel slighted or wrong (C) recognizing that employment actions can be adverse even if such actions are subsequently withdrawn (D) holding that plaintiff failed to establish pretext where plaintiff was terminated after the employer conducted an investigation into a subordinates allegations of misconduct on the part of the plaintiff and believed the allegations to be true even though plaintiff presented evidence in the lawsuit that the allegations may have been false (E) recognizing that a set of actions may constitute an adverse employment action when considered collectively even though some actions do not rise to the level of an adverse employment action individually
(B)

omitted). Even if we were to do so, it would not change the outcome, since we see no error in the district court’s ruling regardless of whether the robbery and drug conspiracy were related. 3 . This course of action is permissible, though "we have repeatedly mentioned 'our strong preference for James proceedings.' ” United States v. Townley, 472 F.3d 1267, 1273 (10th Cir.2007) (quoting United States v. Owens, 70 F.3d 1118, 1123 (10th Cir.1995)). 4 . The conspiracy supporting the introduction of the out-of-court statement need not be the same as the conspiracy charged in the indictment, so long as the statement was in furtherance of the uncharged conspiracy. United States v. Gigante, 166 F.3d 75, 82 (2d. Cir.1999); see also United States v. Evans, 970 F.2d 663, 675 (10th Cir.1992) (<HOLDING>). 5 .Burnett testified at one point that he had 
 Holding statements: (A) holding that a failure to instruct the jury on additional uncharged conspiracies is not reversible error so long as the jury is instructed that the government has the burden to prove the charged conspiracy (B) holding that although it is proper to instruct the jury that it may consider whether the factual predicates necessary to establish the prima facie case have been shown it is error to instruct the jury on the mcdonnell douglas burden shifting scheme (C) holding that the district courts failure to instruct the jury as to the proper standard of proof constituted plain error (D) holding failure to instruct jury on requirement of corroboration of informants testimony is error (E) holding that the failure to properly instruct the jury on the burden of proof required a new trial
(A)

in this sense, inasmuch as he has alleged an imminent violation of his statutory right to personal privacy within the trial court’s power to enjoin. “Standing” can also refer to various judicially-created limitations on the exercise of jurisdiction, such as “the general prohibition on a litigant’s raising another person’s legal rights, the rule barring adjudication of generalized grievances more appropriately addressed in the representative branches, and the requirement that a plaintiffs complaint fall within the zone of interests protected by the law invoked.” Allen v. Wright, 468 U.S. 737, 751, 104 S.Ct. 3315, 82 L.Ed.2d 556 (1984). It is not, however, standing in this so-called prudential sense with wh out the phrase, in Rector v. City of Bowling Green, 594 S.W.2d 891 (Ky.1979) (<HOLDING>). The question thig case presents is who, aside 
 Holding statements: (A) holding that nonindustrial property owners did not have standing under the asserted statute to challenge an annexation (B) holding that representation by state officials that they have no present plan to enforce a statute does not divest plaintiffs of standing to challenge the statute because the states position could well change (C) holding that petitioners who asserted neither a property interest nor a possessory interest in property searched or seized were not entitled to assert a constitutional challenge to the search (D) holding annexation ordinance void (E) holding that person who is not party to contract does not have standing to challenge contract

(A)