MD Helicopters Incorporated v. Boeing Company
ORDER: IT IS ORDERED that MDHI's notice of intent to provide live testimony at the hearing on its motion to dismiss for failure to state a claim, (Doc. 43 ), is DENIED [see attached Order for details]. Signed by Senior Judge James A Teilborg on 4/9/18. (MAW)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
MD Helicopters Incorporated,
Pending before the Court is Plaintiff/Counterdefendant MD Helicopters, Inc.’s
(“MDHI”) notice of intent to provide live testimony at the hearing on its motion to
dismiss for failure to state a claim. (Doc. 43). Defendant/Counterclaimant The Boeing
Company (“Boeing”) objects to the presentation of this testimony. (Doc. 44).
Although stylized as a notice, this Court understands MDHI’s filing to be a motion
to present live testimony. MDHI does not cite, and this Court cannot find, any authority
allowing a party to present live testimony at an oral argument on a motion to dismiss for
failure to state a claim. In resolving such a motion, a court may only consider the
complaint, documents attached to the complaint, documents whose authenticity is not
contested and upon which the complaint “necessarily relies,” and undisputed matters of
public record. Lee v. City of Los Angeles, 250 F.3d 668, 688–89 (9th Cir. 2001) (quoting
Parrino v. FHP, Inc., 146 F.3d 699, 705–06 (9th Cir. 1998)). If a court considers any
other information, the motion to dismiss is converted into a motion for summary
judgment. Fed. R. Civ. P. 12(d).
MDHI’s proposed live testimony is outside of the scope of what this Court may
consider on a motion to dismiss for failure to state a claim. Furthermore, the Court
declines to convert MDHI’s motion to dismiss into a motion for summary judgment.
IT IS ORDERED that MDHI’s notice of intent to provide live testimony at the
hearing on its motion to dismiss for failure to state a claim, (Doc. 43), is DENIED.
Dated this 9th day of April, 2018.
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