Read the following excerpt from a US court opinion:
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equally conclusory. Moreover, both in the complaint and in Rojo’s opposition to summary judgment, the incompletely-developed argument appears in paragraphs and under headings concerning the alleged absence of consideration for the contractual amendments. The district court thus did not err by responding to conclusory statements with brief conclusions. Second, Rojo’s argument that DB violated its duty of good faith and fair dealing was waived. Rojo mentioned that claim for the first time in his memorandum of law in opposition to summary judgment. We have refused to address the merits of claims raised for the first time at that stage of the litigation. See Greenidge v. Allstate Ins. Co., 446 F.3d 356, 361 (2d Cir.2006); Syracuse Broad. Corp. v. Newhouse, 236 F.2d 522, 525 (2d Cir.1956) ; see also 5 Charles Alan Wright & Arthur R.
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What is the most suitable continuation to the opinion? Your options are:
A. holding that district court was justified in brushing aside further argument not alleged in complaint but raised for first time in opposition to summary judgment
B. holding argument not raised in opening brief but raised for the first time in reply brief was waived
C. holding that an argument raised for the first time in response to defendants motion to dismiss instead of in an amended complaint was not properly raised before the district court and would not be considered on appeal
D. holding that arguments not raised in opposition to a motion for summary judgment are waived
E. holding that claims raised for the first time in an opposition to a motion for summary judgment are not properly before a court
Reply with [A, B, C, D, E] only.