With no explanation, chose the best option from "A", "B", "C" or "D". citing Seymour v. Potts & Callahan Contracting Co., 2 F.R.D. 38, 39-40 (D.D.C., 1941) (stating that while there is no express provision in Fed. R. Civ. Proc. 59 for a motion to rehear, there is implied recognition of such a procedure). Plaintiff argues for inclusion of the newly discovered evidence under Fed. R. Civ. Proc. 52, 59, 60, and 61. Specifically, Plaintiff cites Fed. R. Civ. Proc. 60(b) as the standard for introduction of newly discovered evidence. Mr. France’s main argument for failing to pursue these documents earlier rests on the ground of “excusable neglect.” See In re Paine Webber Short Term U.S. Gov’t Income Fund, 1995 WL 512703 (S.D.N.Y. August 29, 1995), citing Pioneer Inv. Servs. Co. v. Brunswick Assoc., 507 U.S. 380, 394-395, 113 S.Ct. 1489, 123 L.Ed.2d 74 (1993) (<HOLDING>). While it is not entirely clear which Federal

A: holding that the excusable neglect inquiry is at bottom an equitable one that should be made by considering the danger of prejudice to the nonmoving party the length of the delay and its potential impact upon judicial proceedings the reason for the delay including whether it was in the reasonable control of the movant and whether the movant acted in good faith 
B: holding that in selecting a proper discovery sanction a court should typically consider 1 the reasons the government delayed producing requested materials including whether the government acted in bad faith 2 the extent of prejudice to defendant as a result of the delay and 3 the feasibility of curing the prejudice with a continuance
C: holding that when determining prejudice under the objective test relevant considerations include 1 whether the extrinsic evidence was received by the jury and the manner in which it was received 2 whether it was available to the jury for a lengthy period of time 3 whether it was discussed and considered extensively by the jury 4 whether it was introduced before a jury verdict was reached and if so at what point during the deliberations and 5 whether it was reasonably likely to affect the verdict considering the strength of the governments case and whether the governments case outweighed any possible prejudice caused by the extrinsic evidence
D: holding that the standard that the district court must apply when considering a motion to dissolve an injunction is whether the movant has made a showing that changed circumstances warrant the discontinuation of the order
A.