Reposing with some corrections. For Wednesday.
A v. X. X files a 12(b)(5) motion; the court denies. X serves an Answer including (b)(2) and (b)(7).
A v. X. X files a 12(b)(3) motion; the court denies. X files and serves an Answer; then X files a 12(b)(1) motion.
A v. X. X files and serves an Answer with no 12(b) defenses. 4 weeks pass. X files and serves an Amended Answer with (b)(2) and (b)(6) defenses.
A v. X. X files a 12(b)(1) motion; the court denies. X files a 12(b)(6) motion. [For this, consider the question of whether the defense is waived and whether X can raise the defense in this motion. Be ready to argue both sides on this, based on the text of the rules and other considerations].
