Read the following excerpt from a US court opinion:
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courts are widely acknowledged to possess the power to enter summary judgments sua sponte, so long as the losing party was on notice that she had to come forward with all of her evidence.”). Even assuming that Tate was not on notice about the fact that he had no competent summary judgment evidence to support his claims eight months after he filed his complaint, he had about a month after the magistrate judge’s report to sign his complaint, but did not do so, and, as will be discussed, it was his own fault that the district court granted summary judgment. 4 . See, e.g., Fed.R.Civ.P. 56(c)(4) (“An affidavit or declaration used to support or oppose a motion must be made on personal knowledge. ... ”); Wells Fargo Home Mortg., Inc. v. Lindquist, 592 F.3d 838, 845-46 (8th Cir.2010) ; Brainard v. Am. Skandia Life Assur. Corp.,
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What is the most suitable continuation to the opinion? Your options are:
A. holding that the failure of an affidavit to be made on personal knowledge or specify how the affiant had personal knowledge of the facts asserted is a defect in substance and need not be objected to at trial to be a ground for reversal
B. holding that attorneys affidavit was not competent evidence of his clients agreement or communications with the defendants because it was not based on personal knowledge
C. holding that the affidavit in question did not satisfy the burden of the party moving for summary judgment where affiants eonclusory statement failed to indicate personal knowledge of the circumstances in question and personal knowledge could not be reasonably inferred from the contents of the affidavit
D. holding that district court properly ignored attorneys affidavit because he did not assert personal knowledge of the transaction
E. holding that a district court may assert personal jurisdiction over a nonresident defendant to the extent permissible under the law of the state in which the district court sits
Reply with [A, B, C, D, E] only.