With no explanation, chose the best option from "A", "B", "C" or "D". find the design of the card-holding container nonfunctional. IV. CONCLUSION For the foregoing reasons, Defendants are entitled to summary judgment as against Continental’s claims for trade dress infringement and unfair competition. 1 . On July 7, 2000 this Court issued an order granting Defendants’ motion for summary judgment and entering final judgment in favor of Defendants on all claims. (See Memorandum Opinion and Order re: Trade Dress Claims.) This memorandum incorporates several minor editorial changes and corrections. Because more than 10 days have passed since entry of final judgment, this memorandum cannot effect any change in the judgment or extend the time to appeal. See Fed.R.Civ.P. 59(d)-(e); Burnam v. Amoco Container Co., 738 F.2d 1230, 1231 (11th Cir.1984) (per curiam) (<HOLDING>); Scott v. Younger, 739 F.2d 1464, 1467 (9th

A: holding that when a court sua sponte converts a motion to dismiss into a motion for summary judgment the court must give at least 10 days notice to the nonmovant
B: holding in a case where the plaintiff had argued that the district court lacked jurisdiction to amend its judgment more than ten days after entry because that is the time limit under federal rule of civil procedure 59 that a district court can amend its judgment because of mistake or inadvertence months after judgment has been entered pursuant to rule 60b of the federal rules of civil procedure
C: holding that 10 day period under rule 59 is jurisdictional and cannot be waived by the district court
D: holding that district court has limited authority under rule 59 to alter or amend judgment sua sponte so long as court acts within 10 days of entry of judgment
D.