With no explanation, chose the best option from "A", "B", "C" or "D". Matthias v. Bingley, 906 F.2d at 1054; and Bennett v. City of Slidell, 735 F.2d at 862. 166 . Richardson v. Oldham, 12 F.3d 1373, 1381-82 (5th Cir.1994). 167 . See Board of Commissioners, Bryan County, Oklahoma v. Brown,-U.S. at---, 117 S.Ct. at 1388-89; Pembaur v. City of Cincinnati, 475 U.S. at 483-84, 106 S.Ct. at 1299-1300 (plurality); see also City of St. Louis v. Praprotnik, 485 U.S. at 121-22, 108 S.Ct. at 923; Richardson v. Oldham, 12 F.3d at 1381-82; Gonzalez v. Ysleta ISD, 996 F.2d 745, 752-60 (5th Cir.1993); Colle v. Brazos County, Texas, 981 F.2d at 244-45, Rhyne v. Henderson County, 973 F.2d at 392; and Benavides v. ■County of Wilson, 955 F.2d at 972-73. 168 . See Collins v. City of Harker Heights, 916 F.2d 284, 286 (5th nter, Inc., 556 F.2d 308, 309 (5th Cir.1977), (<HOLDING>); and In re Zorrilla, 115 B.R. 894, 897

A: holding that default judgment could not be rendered after the defendant had served plaintiff with a copy of a motion to dismiss that had not then been filed
B: holding that a default judgment could not be rendered after defendants counsel telephoned plaintiffs attorney to request additional time within which to answer
C: holding on summary judgment that an attorney who failed to timely file an answer leading to a default judgment was on notice that a malpractice claim might be filed against him
D: holding that the defense of insufficient process was waived because it was not raised by the defendant in its answer but later in its response to the plaintiffs request for default judgment
B.