Read the following excerpt from a US court opinion:
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that CGG waived its statute of limitations affirmative defense by failing to raise it in response to Statom's motion for partial summary judgment. In each of these cases, summary judgment was ordered against the defendant, and the defendant waived its affirmative defenses by failing to raise the defenses in response to the plaintiff's motion for summary judgment. See, e.g., Flynn, 403 N.E.2d at 1126 (reversing the trial court's grant of summary judgment to defendants, granting partial summary judgment to the plaintiff, and noting that, on remand, the defendants could not argue their affirmative defenses because they had waived the affirmative defenses by failing to argue them in response to the plaintiff's motion for partial summary judgment); FI & G Ortho, 823 N.E.2d at 731 ; Daniels, 678 N.E.2d at 430 (holding that the
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What is the most suitable continuation to the opinion? Your options are:
A. holding state is required to raise procedural bar as affirmative defense or it is waived
B. holding that defendant does not waive an affirmative defense if defendant raises it at a pragmatically sufficient time such as summary judgment and the defendants failure raise the affirmative defense in its answer did not cause the plaintiff prejudice
C. holding that arguments not presented to the district court in response to a motion for summary judgment are waived
D. holding that defendants failure to assert the defense in any pretrial motions did not waive defendants limitations defense because the assertion of a limitations defense in the answer preserved defendants right to raise the defense both during the first trial and before the second
E. holding that the defendants waived their affirmative defense of unenforceability by failing to raise the defense in response to the plaintiffs motion for summary judgment which the trial court granted
Reply with [A, B, C, D, E] only.