Whether Horace forfeited his argument in the District Court's error in granting MD Now's motion to dismiss without considering medical records and expert witness statements

Questions Presented , Beginning in State Court, Horace raised an issue and submitted his medical records as “exhibits”, The United States Magistrate Judge William Matthewman entered an order on February 17" 2023. In said order, parties were asked to exchange initial disclosures pursuant to Rule 26(a)(1), Horace complied by submitting his medical records and expert witness statements as “exhibits” to Support his pleading claim of medical battery before dismissal for failure to state a claim. 1. In this action, did Horace forfeit his arguinent in the District Court error in granting MD Now’s motion to dismiss without considering medical records and expert witness statements? Pursuant Fla.R.Civ P 1,190. On appeal, Horace plausibly plead medical battery in Federal Court on it’s face before the case was dismissed for the court to draw reasonable inference. See, Ashcroft v Iqbal,556 U.S.662,678,129 S.Ct.1937, 173 L 173.L Ed.2d 868 (2009) quoting Bell Atlantic Corp. v Twombly,550 U.S . 544,570,127 S. Ct 1955,167 L.Ed.2d 929 (2007) Bell Atl Corp V. Twombly,550 US.544,570 (2007).To avoid dismissal under Rule (12)(b)(6) 2. Whether the 11% Circuit Court erred in affirming the District Court Motion to dismiss Horace medical battery claim in its pleading stage? 1 3. Pursuant 28 USC App. Fed General Rules of Pleading Defenses ! (1)(a)(b)2, whether Defendant forfeited its argument by not denying Horace plausible claim of medical battery at its pleading stage? 4. Pursuant Rule 90,402 Evidence; was Horace deprived? : 5. Whether Horace abandoned his pleading of medical battery Per Pretrial Scheduling Order? 6. Whether Horace claim of medical battery is unpreserved, despite the i. Joint Agreement per Court order? Mt 6 7 7. Whether, The District Court recognized the | privilege in federal common law? i