Extract to table

On the procedural timing question—whether enforceability can be resolved on a motion to dismiss—Vantor presents its most credible argument, and we must be prepared for the possibility that Judge Calloway will defer the penalty question to summary judgment

While this is not an insurmountable obstacle, it does create an argumentative burden that we must acknowledge

Press the Duplicative Damages Argument The reply should devote significant attention to the argument that Vantor must elect between liquidated damages and actual damages but cannot claim both

Argue that Vantor must choose between liquidated damages and actual damages