Read the following excerpt from a US court opinion:
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of the complaint. The complaint references an AOS employee requesting a LoadTec motor from FS, but the complaint does not state whether FS ever provided such a motor. (Compl. ¶ 19). 6 . The court notes that both parties are unclear as to how the court’s findings on summary judgment relate to a judgment on the pleadings. To the extent the evidentiary issues resolved by the court on summary judgment influence this court’s order, the defendant's motion will be treated as a request for summary judgment on the unjust enrichment claim, as both parties have had a reasonable opportunity to present all material relevant to summary judgment and the motion itself clearly anticipates a summary judgment ruling. See Fed.R.Civ.P. 56(f); cf. In re G. & A. Books, Inc., 770 F.2d 288, 295 (2nd Cir.1985)  The court finds this perfectly acceptable,
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What is the most suitable continuation to the opinion? Your options are:
A. holding that district courts consideration of matters outside the pleadings converted the defendants rule 12 motion into one for summary judgment
B. holding that a rule 12b6 motion is only converted to a motion for summary judgment when a court accepts and considers matters outside of the pleadings
C. holding that by considering matters outside of the pleadings the trial court converted a rule 12b6 motion to dismiss into a summary judgment motion
D. holding that the essential inquiry in conversion of a rule 12b6 motion to a rule 56 motion is whether the appellant should reasonably have recognized the possibility that the motion might be converted into one for summary judgment or was taken by surprise and deprived of a reasonable opportunity to meet facts outside the pleadings
E. holding that where a court considering a rule 12b6 motion relies on matters outside the pleading the motion must be treated as a rule 56 motion for summary judgment
Reply with [A, B, C, D, E] only.