Citation Codes Equivalent Citations citation codes Docket Number No. 4:09CV00405 JLH. Motions Motion to dismiss : Granted Judges James Leon Holmes See more information ... Smart Summary Please sign up to generate summary. IRON WORKERS LOCAL NO. 25 PENSION FUND; INDIANA LABORERS PENSION FUND; IRON WORKERS DISTRICT COUNCIL OF WESTERN NEW YORK; VICINITY PENSION FUND; THE NEW JERSEY BUILDING LABORERS PENSION AND ANNUITY FUNDS; and HERB LAIR PLAINTIFFS v. PAUL G. ALLEN; ELOISE SCHMITZ; and NEIL SMIT DEFENDANTS. ORDER J. HOLMES, District Judge On September 15, 2011, the lead plaintiffs in this action, Iron Workers Local No. 25 Pension Fund, Indiana Laborers Pension Fund, and Iron Workers District Council of Western New York and Vicinity Pension Fund, moved that this action be dismissed without prejudice. The time for response has expired, and no party has responded. Therefore, without objection, the motion to dismiss is GRANTED. Document #61. This action is hereby dismissed without prejudice. IT IS SO ORDERED