Read the following excerpt from a US court opinion:
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personnel salaries by 2087, the number of working hours in a year. Def.’s Statement at 2-3. The court finds this manner of calculating an hourly rate both reasonable and appropriate. The total number of hours spent and the number of personnel used by defendant, however, were not reasonable. As outlined in this court’s previous order of sanctions, Austin’s misbehavior began with his response to Defendant’s Motion for Summary Judgment, filed July 21,1994, and ended with the completion of trial on June 14,1995. Persyn, 35 Fed.Cl. at 711, 713. All fees and costs incurred by defendant before and after this time period shall be excluded from the sanction because the costs were not incurred as a direct result of Austin’s offensive pleading and misconduct. See Hendrix, 971 F.2d at 400-01 . Thus, work-hours spent by defendant outside
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What is the most suitable continuation to the opinion? Your options are:
A. recognizing that failure to hold a hearing constitutes ah abuse of discretion only where there is evidence that the jury was subjected to influence by outside sources
B. holding that dismissal of indictment was abuse of discretion when delay attributable to the government was twelve months
C. holding that a trial court should calculate an employers contribution due for the third partys future payments by using affidavits and other evidence to determine a lump sum amount and reduce the amount to its present value as of the date of the contribution judgment
D. holding that approximating the amount of the injured partys expenses attributable to attorney misconduct using a cutoff date was not ah abuse of discretion
E. holding failure to exercise discretion is abuse of discretion
Reply with [A, B, C, D, E] only.