ORDER

JAMES A. TEILBORG, Senior District Judge.

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.

Accordingly,

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.