With no explanation, chose the best option from "A", "B", "C" or "D". Moore’s Federal Practice, ¶ 12-61 (3d ed.2006). 6 . In Sections IX and X of the Amended Petition, the Plaintiff asserts his malice/fraud and misrepresentation claims against all Defendants collectively. Only Wright Medical filed a motion to dismiss those claims based upon Rule 9(b), while the MGT Defendants instead opted to file a motion for summary judgment based on preemption. However, the Court found Plaintiff's claims in Sections IX and X to be deficient under Rule 9(b) in their entirety against all Defendants. Accordingly, those claims should be dismissed as to all Defendants. 7 . It is true that when a pleading does not satisfy the heightened pleading standard of Rule 9(b), the court should freely grant leave to amend. See Firestone v. Firestone, 76 F.3d 1205, 1209 (D.C.Cir.1996) (<HOLDING>). The Court has afforded Plaintiff ample

A: holding that courts look to substance of plea for relief to determine nature of pleading not merely title of pleading
B: recognizing that the court has the power to grant leave upon certain conditions
C: holding that a district court should grant leave to amend unless it determines that the pleading could not possibly be cured by the allegation of other facts
D: recognizing that courts almost always grant leave to cure deficiencies in pleading fraud
D.