Citation Codes Equivalent Citations citation codes Docket Number Civil Action No. 3:00-CV-2729-D Judges Sidney Allen Fitzwater See more information ... Smart Summary Please sign up to generate summary. DANA EDGAR, Plaintiff, v. GENERAL ELECTRIC COMPANY, Defendant, and DEERE AND COMPANY, Defendant-Third-Party Plaintiff, J. W. SPEAKER CORP., Third-Party Defendant. ORDER SIDNEY A. FITZWATER, U.S. District Judge. The March 1, 2002 motion for nonsuit of defendant-third-party plaintiff Deere and Company ("Deere") is denied without prejudice to its moving for relief under Fed.R.Civ.P. 41(a)(2). A nonsuit is a procedural device recognized by a Texas, not federal, procedural rule. In federal court, there is no virtually-unlimited right to take a nonsuit. Instead, where, as here, the party to be dismissed has already answered, the party who seeks dismissal must file a motion to dismiss under Rule 41(a)(2). The motion must also contain a certificate of conference. Accordingly, Deere's March 1, 2002 motion for nonsuit is denied without prejudice. SO ORDERED.