EDGAR v. GENERAL ELECTRIC COMPANY, (N.D.Tex. 2002)

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.