Read the following excerpt from a US court opinion:
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jurisdiction over plaintiffs entire complaint. Def.’s Opp. at 3-10. The Court will decline to do so. I. Motion For Leave to File an Amended Complaint Defendant does not assert, and the Court does not find, that plaintiffs proposed amendments would trigger the Foman factors of undue delay, prejudice to defendant, or futility. See Foman, 371 U.S. at 182, 83 S.Ct. 227. Plaintiff has amended her complaint only once before, and even if she is seeking to amend her complaint again solely to return to Superi- or Court, as defendants allege, this is not necessarily evidence of forbidden bad faith. If defendant’s claims are correct, here, plaintiff has simply “deleted causes of action that ERISA completely preempts].” Giles v. NYLCare Health Plans, Inc., 172 F.3d 332, 340 (5th Cir.1999) . Thus, if the motions were denied, the ERISA
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What is the most suitable continuation to the opinion? Your options are:
A. holding that there was no waiver where attorney general appeared in federal court answered a complaint responded to discovery and later moved to amend its answer to the complaint in order to raise states eleventh amendment immunity
B. holding that a plaintiff could not show that she engaged in protected activity because she did not present evidence that she informed her employer that her complaints were based on race or age discrimination
C. holding the district court is not required to grant a plaintiff leave to amend his complaint sua sponte when the plaintiff who is represented by counsel never filed a motion to amend nor requested leave to amend before the district court
D. holding in an appeal from the dismissal of the plaintiffs complaint pursuant to rule 12b6 that when the papers before the sixth circuit indicate that the plaintiff could submit an amended complaint that would state a claim upon which relief can be granted the proper course is to remand to permit the plaintiff to amend
E. holding that a plaintiff had not engaged in improper forum manipulation when she simultaneously moved to amend her complaint to drop claims that were completely preempted by erisa and to remand the case to state court
Reply with [A, B, C, D, E] only.