Read the following excerpt from a US court opinion:
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also raised usury as a defense, arguing that requiring the Borschows to promise to pay Eureka’s ac count with BI in order to get the new terms to retire the January 2007 note constituted usury. However, this defense was not raised in Defendants’ Answer to the Complaint or in the Defendants’ Pre-trial Order; thus the Court finds that the Defendants waived their right to assert a defense based on usury. See Cadles Grassy Meadows II, L.L.C. v. Gervin (In re Gervin), 300 Fed.Appx. 293 (5th Cir.2008) citing Harris v. Sec’y, U.S. Dept. of Veterans Affairs, 126 F.3d 339, 343 (D.C.Cir.1997) ("[A] party’s failure to plead an affirmative defense ... generally results in waiver of that defense and its exclusion from the case.”); Najarro v. SASI Intern., Ltd., 904 F.2d 1002 (5th Cir.1990) . 3 . On re-direct examination at trial, Omar
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What is the most suitable continuation to the opinion? Your options are:
A. holding that laches is an affirmative defense
B. recognizing the affirmative defense of usury
C. holding that the running of the statute of limitations is an affirmative defense
D. recognizing laches as an affirmative defense
E. holding that fair use is an affirmative defense
Reply with [A, B, C, D, E] only.