UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

Plaintiff,

Civil Action No. 06-cv-37-

Dynamic Network Systems, Inc.

Timothy Wilde

Defendant

MOTION TO WITHDRAW PLAINTIFF' S INITIAL COMPLAINT FROM THE

PUBLIC RECORD OR. IN THE AL TERNA TIVE. TO PLACE UNDER SEAL LEVEL II

NOW COMES the Plaintiff Dynamic Network Services, Inc. , by and through its attorneys

Sheehan Phinney Bass + Green, Professional Association, and respectfully moves the Court for an

order withdrawing the Plaintiff's initial Complaint from the Public Record or , in the alternative

for an Order for a Seal Level II to maintain the confidentiality of the initial Complaint or certain

parts of it. In support of this , the Plaintiff states as follows:

This Motion is filed in conjunction with the Plaintiff's Motion to Amend under

Federal Rule 15(a), in which the Plaintiff seeks to in effect replace its initial Complaint with its

First Amended Complaint in order to preserve the confidentiality of certain information that may

be the subject of a separate confidentiality stipulation with a third party.

The Plaintiff's Amended Complaint simply excises the third sentence 

18 of the initial Complaint; no other change has been made.

Accordingly, the Plaintiff requests that the Court grant this Motion to either

Withdraw the initial Complaint from the public record or place the initial Complaint under a Level
II Seal in accordance with Local Rule 83. 11. Plaintiff acknowledges that under L.R. 83 . 11 (c) the

material to be sealed must be submitted after or contemporaneously with the Motion to Seal.

However, because the possibly confidential information was erroneously included in the original

Complaint and because no possible prejudice will results, Plaintiff requests under L.R. 1. 

the Court excuse the failure to comply with the timing requirements ofL.R. 83. 11(c).

Counsel has not yet appeared for the Defendant, and this Motion simply seeks to

preserve possible obligations of confidentiality, prior to the filing of any responsive pleading or

other activity in the case. The Plaintiff believes, therefore, that Local Rule 7 as it relates to

seeking opposing counsel's assent does not apply, and that no memorandum oflaw or citation to

authority other than the Local Rule is required.

WHEREFORE, the Plaintiff respectfully requests that this Court:

Grant its Motion to Withdraw Initial Complaint or, in the Alternative, Place the

initial Complaint under a Level II Seal; and

Grant such other and further relief as the Court deems necessary and just.

Respectfully submitted

DYNAMIC NETWORK SERVICES, INC.

By Its Attorneys

SHEEHAN PHINNEY BASS & GREEN

PROFESSIONAL ASSOCIATION

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Dated: March 15 , 2006 By: Isl Christopher Cole

Christopher Cole, NH Bar No. 8725

John-Mark Turner, NH Bar No. 15610

1000 Elm Street

O. Box 3701

Manchester, New Hampshire 03105-3701

(603) 627-8223

ccole~sheehan. com

jturner~sheehan. com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the within Motion to Withdraw 

Complaint From the Public Record or, in the Alternative, to Place Under Seal Level II was this

day mailed conventionally by U.S. regular mail to the Defendant Timothy Wilde at this last know

address of Timothy Wilde, 1175 Lake Boulevard, No. 105, Davis, CA 95616.

Dated: March 15 , 2006 By: Isl Christopher Cole

Christopher Cole, NH Bar No. 8725

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