-257-JSW1234567891011121314151617181920212223On June 15, 2011, this Court denied Plaintiff’s request for leave to inject summary judgment evidence in her opposition to the House’s motion to dismiss, stating that “her motion isdenied as premature.” Order at 2, ECF No. 128.Plaintiff, however, refused to take no for an answer. Despite the clear import of thisCourt’s ruling — and of Rule 12(b)(6) — Plaintiff proceeded to attach to her opposition fiveexpert affidavits,
ECF Nos. 134-138. She also proceeded to liberally cite and rely upon thosematerials throughout her opposition to the House’s motion.
Pl.’s Opp’n at 10-11, 12 & n.7,13 n.10, 15, 23, 25 nn.21-22. Numerous other materials extrinsic to the Second AmendedComplaint are also cited in Plaintiff’s opposition.
. at 13 nn.8-9, 14 nn.11-12, 15n.15, 25 n.21.As this Court is well aware, “a district court may not consider any material beyond thepleadings in ruling on a 12(b)(6) motion.”
Lee v. City of Los Angeles
, 250 F.3d 668, 688 (9thCir. 2001) (citation omitted). Indeed, Rule 12 provides that consideration of such mattersconverts the motion to “one for summary judgment under Rule 56.” Fed. R. Civ. P. 12(d);
, 250 F.3d at 688. Exceptions to this rule are limited to situations where the “complaintnecessarily relies on [the extrinsic materials],”
, 250 F.3d at 688, or where the court “take[s] judicial notice of matters of public record,”
(internal quotation marks omitted).Here, Plaintiff’s five expert affidavits are not subject to judicial notice, as they are the opinionsof individuals, not matters like dates or places that can be confirmed through record checks.
Mack v. S. Bay Beer Distrib., Inc.
, 798 F.2d 1279, 1282 (9th Cir. 1986),
overruled on other grounds by Astoria Fed. Sav. & Loan Ass’n v. Solimino
, 501 U.S. 104 (1991). Nor do her claimsof unlawful agency action and withholding of benefits “necessarily rel[y]” on the opinionevidence of these five academics.
See Parrino v. FHP, Inc.
, 146 F.3d 699, 706 (9th Cir. 1998)
Case3:10-cv-00257-JSW Document148 Filed07/15/11 Page3 of 7