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]: 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feel slighted or wrong (C) recognizing that employment actions can be adverse even if such actions are subsequently withdrawn (D) holding that plaintiff failed to establish pretext where plaintiff was terminated after the employer conducted an investigation into a subordinates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
[EX A]: (B)

[EX Q]: absence of any effort to serve Bustos with a summons or a complaint, the Receiver cannot claim substantial compliance with Rule 4. The Receiver's failure even to attempt to comply with Rule 4 is no "minor defect," United Food & Commercial Workers Union v. Alpha Beta Co., 736 F.2d 1371, 1382 (9th Cir.1984), that can be remedied by actual notice. More importantly, the difficulty here runs deeper than mere insufficient service of process. The Receiver never filed a complaint and never named Bustos as a party. In other words, the Receiver never commenced an action against Bustos, see Fed. R. Civ. P. 3; it simply named Bustos in a motion for the disgorgement of allegedly ill-gotten gains earned through the sale of unregistered securities. See In re Alpha Telcom, 2004 WL 3142555, at *1 (<HOLDING>). Prior to Bustos's intervention in the action,
Holding statements: (A) holding pursuant to bankruptcy rule 7004b9 that because the creditor mailed the complaint and summons to the debtors attorney and to the address listed in the debtors bankruptcy petition service of process was sufficient even if the debtors were out of the country and did not actually receive notice of the complaint and summons (B) holding that the court lacks jurisdiction where a complaint was filed more than 30 days after the filing of the summons (C) holding that a title vii cause of action is limited to those discrimination allegations in the complaint that have been under the scrutiny of a formal eeoc complaint (D) holding that a formal summons and complaint were unnecessary because the motion before the court is not an independent action (E) holding that service of a statecourt summons and complaint after removal to federal court is valid service
[EX A]: (D)

[EX Q]: No. 73 at page 30; see also CompL, Attach, of Photograph, ECF No. 1 at 19; Photographs, ECF No. 68-13 at 11-14. Properly viewing the facts in the light depicted by the photographs, see PL's Resp. SMF, ECF No. 73 30 ("The [pjhoto of the item speaks for itself."); cf. Armbruster v. Frost, 962 F.Supp.2d 105, 110 (D.D.C. 2013) (explaining that where a court has the benefit of video evidence, it should view the facts in the light depicted by the videotape when deciding summary judgment motions), it is undisputed that there was a monkey-like, ape-like, or Bigfoot-like action figure tightly wrapped as if mummified by a thin white cord or rope from the action figure's ankles to its chest, with additional strands wrapped around the action figure's neck and arm D.C. 2013) (Sullivan, J.) (<HOLDING>); Williams v. New York City Hous. Auth., 154
Holding statements: (A) holding that a plaintiff stated a claim of hostile work environment where the court accepted as true the allegation that a monkey doll was hung by its neck in a nooselike fashion in a public work area of an office (B) holding that a viable hostile work environment claim requires an environment that a reasonable person would find hostile or abusive (C) holding that a reasonable jury could conclude that there was a racially hostile work environment when plaintiff was subjected to several statements involving racial epithets and a nude black doll was hung from a noose in his locker (D) recognizing hostile work environment discrimination in ada context (E) recognizing a hostile work environment claim under section 1983
[EX A]:
(A)