Read the following excerpt from a US court opinion:
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Martin v. Malhoyt, 830 F.2d 237, 264 (D.C.Cir.1987) (quoting Restatement (Second) of Judgments § 13 cmt. f(1982)). Therefore, the defendants could have included the affirmative defenses in their answer. But delay alone is not sufficient reason to deny a motion for leave to amend a pleading, and although the delay here is substantial, it must be weighed against the “time and judi ndants’ dispositive motions, taken alone, should fail because they incorporate affirmative defenses not set forth in their answer. See Harris, 126 F.3d at 345; Fed.R.Civ.P. 8(c). But the fact that the defendants erred in filing their dispositive motion before seeking leave to amend their answer does not persuade the court to deny their motion for leave to file an amended answer. See Harris, 126 F.3d at 345 . Indeed, allowing the defendants to amend
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What is the most suitable continuation to the opinion? Your options are:
A. holding that the defendant could not raise affirmative defenses initially in its dispositive motion but remanding the case to the trial court to determine if leave to amend answer to incorporate affirmative defenses was appropriate so that the defendant could then properly raise those defenses in its dispositive motion
B. recognizing that trial court properly left the door open for defendant to prove its defenses to the fed complaint
C. holding that where incorrectly named defendant filed a motion to dismiss and an answer with affirmative defenses and actively participated in discovery it led the plaintiff to believe that the correct defendant had been sued and that the plaintiff was therefore entitled to amend its complaint to correct the misnomer
D. holding that a party may not raise a new claim in its response to a dispositive motion
E. holding that affirmative defenses are waived if not pled
Reply with [A, B, C, D, E] only.