Read the following excerpt from a US court opinion:
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claims is not at issue in this appeal. 3 . The latter basis for dismissal served to dismiss Zeek’s ADEA claim as well. Also, none of the plaintiffs filed any charge with the EEOC at any time against GM. Accordingly, the district court dismissed plaintiffs’ ADEA claims against GM on this basis rather than on the ground of timeliness. 4 . The district court may have erred in dismissing plaintiffs' § 301 action on the basis of the Release under Rule 12. The defendants attached a copy of the Release to their motion to dismiss, but the plaintiffs had not referred to the Release in their complaint. A motion to dismiss relying on a paper outside the pleadings is generally permissible only where the complaint refers to that paper. Weiner v. Klais & Co., Inc., 108 F.3d 86, 89 (6th Cir. 1997) ; see also City of Monroe Employees Ret. Sys.
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What is the most suitable continuation to the opinion? Your options are:
A. recognizing dismissal as proper when based on those exhibits submitted by a defendant which can properly be considered as incorporated by reference into the complaint
B. holding that in considering a rule 12b6 motion a court may only rely on the complaint its proper attachments documents incorporated into the complaint by reference and matters of which a court may take judicial notice
C. recognizing that a court is permitted to rely on documents incorporated into the complaint by reference and matters of which a court may take judicial notice
D. holding that a court may rely on documents incorporated into the complaint by reference and matters of which a court may take judicial notice in deciding whether a complaint fails to state a claim upon which relief may be granted
E. holding that a court in deciding a rule 12b6 motion may consider a document that is incorporated by reference into the complaint
Reply with [A, B, C, D, E] only.