At a glance this looks like a subject matter jurisdiction objection (as distinct from personal jurisdiction), which is not waivable and can be raised at any time or sua sponte–so you can keep it in your pocket forever and raise it whenever you’re desperate, which seems to be the case here.
Edit: Looked at the motion, and that’s what this is. It doesn’t necessarily mean the motion is meritorious, but it’s timely.
Little late guys! If you want to argue jurisdiction, that should have been the FIRST thing you did.
At a glance this looks like a subject matter jurisdiction objection (as distinct from personal jurisdiction), which is not waivable and can be raised at any time or sua sponte–so you can keep it in your pocket forever and raise it whenever you’re desperate, which seems to be the case here.
Edit: Looked at the motion, and that’s what this is. It doesn’t necessarily mean the motion is meritorious, but it’s timely.