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A corporation incorporated and headquartered in State X was sued in federal court in State Y by a State Y plaintiff. The complaint alleged state-law negligence and sought $60,000 in damages. Before answering, the corporation moved to dismiss only for failure to state a claim. The court denied that motion. The corporation then answered, denying negligence but raising no other defenses.
Two months later, the corporation moved to dismiss for lack of personal jurisdiction, improper venue, insufficient service of process, failure to join a required party, and lack of subject-matter jurisdiction. The plaintiff argues that all defenses are waived because they were not included in the first motion. The corporation responds that a court should dismiss a defective case whenever a defect is discovered.
Which defenses, if any, are waived? Which may still be raised? Discuss the Rule 12 consolidation and waiver rules and how the court should resolve each defense.