Peter Pan filed a complaint in federal court for breach of contract against Captain Hook. Hook did not file a pre-answer motion and instead filed his Answer. In his Answer, Hook did not raise the affirmative defense that the contract was illegal and invalid. Seven months later, Hook filed a motion for summary judgment (Rule 56) on the sole basis that the contract was illegal and invalid. Hook relies on a binding case that is factually and legally on point as to the illegality affirmative defense. Hook intentionally did not raise illegality in his Answer; as a result, Peter Pan was likely prejudiced by the delay. How will the court likely decide the motion?

a. The court will likely grant the motion on the merits.
b. The court will likely deny the motion because the affirmative defense of illegality has likely been waived.