With no explanation, chose the best option from "A", "B", "C" or "D". L.L.P., 177 Ohio App.3d 551, 895 N.E.2d 255, 257-58 (2008) (finding that dismissal based on lack of capacity to sue was not on the merits); see also MacAffer v. Boston & M.R.R., 268 N.Y. 400, 197 N.E. 328, 328-29 (1935) (same). 18 . See Cook v. Peter Kiewit Sons Co., 775 F.2d 1030, 1035 (9th Cir.1985) (dismissal for lack of subject-matter jurisdiction is not on the merits as the court "retain{s} no power to make judgments relating to the merits of the case"); see also Shoup v. Bell & Howell Co., 872 F.2d 1178, 1181 (4th Cir.1989) (denying preclusive effect to dismissals where a court, regardless of the merits, "cannot speak" because "[the power to declare law ... is [not] present" (internal quotation marks omitted)). 19 . See Murphy v. A/S Sobral, 187 F.Supp. 163, 164 (S.D.N.Y.1960) (<HOLDING>). 20 . "Merits" is an unfortunate and

A: holding that a dismissal on limitations grounds is a judgment on the merits
B: holding that under federal law the dismissal of a claim as timebarred is adjudication of merits for purposes of res judicata
C: holding that laches dismissal is on the merits under federal rule 41
D: holding that dismissal for failure to comply with discovery orders is on the merits
C.