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" ... The upshot is that the movant can simply point out to the court that the respondent's cause of action falls within the scope of ยง 2 and call it a day, since if the movant is right then that is all that is required for the movant to meet the phase one analysis. The workday is over, it's Miller time! Of course, that may leave a lot of available pages unused in the movant's Opening Brief, and so the savvy movant will use that space to attempt to pre-empt the respondent's arguments. ... "