With no explanation, chose the best option from "A", "B", "C" or "D". damages; (3) fraud; (4) fraud—consequential damages; (5) bad faith; (6) violation of the Georgia Uniform Deceptive Trade Practices Act and violation of the Fair Business Practices Act; (7) negligent misrepresentation; (8) unjust enrichment; (9) statutory damages and negligence per se; (10) punitive damages; (11) attorney’s fees; and (12) statutory attorney’s fees. (Doc. 1-2 ¶¶ 40-118). Defendant moves to dismiss claims 1-4 and claims 6-11. (Doc. 4-1). As a threshold issue, Plaintiff notes that Defendant’s Answer, which was filed prior to the present Motion, raises the defense .of failure to state a claim. (Doc. 5 citing Doc. 1-3). Therefore, Plaintiff argues, Defendant’s Motion is a “nullity and must be stricken." (Doc. 5 citing Byrne v. Nezhat, 261 F.3d 1075 (11th Cir, 2001) (<HOLDING>)). However, the Court “may construe the Rule

A: holding that seventh amendment right to jury trial not violated by courts dismissal for failure to state a claim pursuant to rule 12b6 because as a matter of law complaint faded to present an issue for trial
B: recognizing that a rule 12b6 motion is an appropriate vehicle on which to seek dismissal of a claim barred by a prescription statute
C: holding that a court should not dismiss a complaint pursuant to rule 12b6 for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief 
D: holding that a motion pursuant to fed r civ p 12b6 filed after an answer which states failure to state a claim as a defense is a nullity
D.