With no explanation, chose the best option from "A", "B", "C" or "D". at the time the complaint was drafted.” (Id. at 8-9.) Exhibit 4 is the Collective Bargaining Agreement (CBA) governing the relationship between Plaintiff and Defendant, referenced in Plaintiff's Complaint and Amended Complaint. In considering a motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6), a district court will evaluate facts stated in the complaint, documents attached to the complaint as exhibits, and documents incorporated by reference in the complaint. Hayden v. Cnty. of Nassau, 180 F.3d 42, 54 (2d Cir.1999). The Court considers the CBA, even though it was attached to Defendants' Motion to Dismiss rather than Plaintiff's Complaint. See Sampson v. Medisys Health Network Inc., No. 10-CV1342 (SJF)(ARL), 2011 WL 579155, at *7 (E.D.N.Y. Feb. 08, 2011) (<HOLDING>). 2 . Although the Proposed Amended Complaint

A: holding that despite plaintiffs argument that cbas may not be considered upon a motion to dismiss because they were not attached to the complaint a court may rely on the cba for purposes of determining section 301 preemption because insofar as the terms of plaintiffs employment  are covered by cbas the existence of these cbas are integral to the complaint especially with respect to this courts determination as to whether the state law claims are preempted by federal labor law
B: holding that the court may consider an article not attached to the complaint in determining whether to dismiss the complaint because the article was integral to and explicitly relied on in the complaint and because the plaintiffs did not challenge its authenticity
C: holding that documents integral to the complaint are properly considered on a motion to dismiss
D: holding that a court may consider a document submitted by a defendant in determining whether to dismiss the complaint because it was integral to and explicitly relied on in the complaint and because the plaintiffs do not challenge its authenticity
A.