Relief under Rule 60(b) is extraordinary and may only be granted in exceptional circumstances.
Plaintiffs filed an antitrust action that was dismissed with prejudice for failing to comply with scheduling and discovery deadlines and for missing a settlement conference. After filing an untimely notice of appeal, plaintiffs moved under Rule 60(b) to vacate the dismissal. The court addresses whether the district court abused its discretion in denying this motion. The court applies the rule that relief under Rule 60(b) is extraordinary and may only be granted in exceptional circumstances. Because the motion was filed after the appeal period expired and plaintiffs failed to demonstrate any exceptional circumstances, the court affirms the district court's denial of the motion.
At page 1440 Grant of relief under rule 60(b) requires exceptional circumstances117 citing cases“relief under rule 60(b) is extraordinary and may only be granted in exceptional circumstances.”
- Shaik, No. 6:24-cv-00271 (E.D. Okla. Aug. 7, 2026).(Relief under Rule 60(b) is extraordinary and may only be granted in exceptional circumstances.)
- Bolongia v. Target Corp., No. 25-6205 (10th Cir. July 1, 2026).unpublished“However, in determining whether a district court abused its discretion, we are mindful that ‘[r]elief under Rule 60(b) is extraordinary and may only be granted in exceptional 11 Appellate Case: 25-6205 Document: 27-1 Date Filed: 07/01/202…
- Doe, No. 25-01255 (Bankr. D. Colo. May 14, 2026).“Relief from judgment under Rule 60(b) falls within the discretion of the Court, but such relief is extraordinary, and should only be granted in exceptional circumstances.” Richter, 481 B.R. 682 (citing LaFluer v. Teen Help, 342 F.3d 1145,…
- Waetzig v. Halliburton Energy Servs., 145 F.4th 1279 (10th Cir. 2025).published(affirming denial of Rule 60(b) relief)
- Lynch v. Reyes, No. 23-4089 (10th Cir. Mar. 20, 2024).unpublished“because a Rule 60(b) motion is not a substitute for an appeal”
- Andover Senior Care, LLC v. Called to Care Investments Kansas, LLC, No. 22-05028 (Bankr. D. Kan. Mar. 14, 2024).Corp. v. Marino, 893 F.2d 1143 , 1146 (10th Cir. 1990). 97 Bud Brooks Trucking, Inc. v. Bill Hodges Trucking Co., Inc., 909 F.2d 1437, 1440 (10th Cir. 1990). 98 See Pioneer Inv.
- Utah Physicians for a Healthy Env't v. DIESELSellerz.com, No. 2:17-cv-00032 (D. Utah Jan. 19, 2024).If DPG and B&W Auto later persuade the court further reductions are warranted because of their financial reverses, the court will further amend the Judgment. 152 Defendants’ Rule 60(b) Motion. 153 Memorandum Decision and Order Granting Pla…
- Sifuentes v. Capital One, No. 2:22-cv-00190 (D. Utah Oct. 17, 2023).For the same reasons the court rejected those arguments in the June 16 MDO, the court rejects them again because those arguments do not justify relief under Rule 60(b)(1), which “is extraordinary” and may be granted “only . . . in exceptio…
- Gaddy v. Corp. of the President of the Church of Jesus Christ of Latter-Day Saints, The, 665 F. Supp. 3d 1263 (D. Utah 2023).publishedCo., 152 F.3d 1266, 1272 (10th Cir. 1998) (quoting Bud Brooks Trucking, Inc. v. Bill Hodges Trucking Co., 909 F.2d 1437, 1440 (10th Cir. 1990)).
- Sifuentes v. Capital One, No. 2:22-cv-00190 (D. Utah June 16, 2023).Thus, the court focuses exclusively on whether Mr. Sifuentes committed an “excusable litigation mistake.”17 “Excusable litigation mistakes are not those which were the result of a deliberate and counseled decision by the complaining party.…
Show 104 more citing cases
- Hutchinson v. Kamauu, No. 2:20-cv-00796 (D. Utah Feb. 6, 2023).“Federal Rule of Civil Procedure 60(b) provides an exception to finality that allows a party to seek relief from a final judgment, and request reopening of his case, under a limited set of circumstances.”42 Relief under this Rule is “extra…
- Fed. Trade Comm'n v. Elite IT Partners, 653 F. Supp. 3d 1089 (D. Utah 2023).publishedLEGAL STANDARDS “Federal Rule of Civil Procedure 60(b) provides an exception to finality that allows a party to seek relief from a final judgment, and request reopening of his case, under a limited set of circumstances.”23 “Relief under Ru…
- Fed. Trade Comm'n v. Elite IT Partners, No. 2:19-cv-00125 (D. Utah Jan. 17, 2023).LEGAL STANDARDS “Federal Rule of Civil Procedure 60(b) provides an exception to finality that allows a party to seek relief from a final judgment, and request reopening of his case, under a limited set of circumstances.”22 “Relief under Ru…
- Cash v. Durant, City of, No. 6:22-cv-00009 (E.D. Okla. Oct. 18, 2022).“Relief under Rule 60(b) is extraordinary and may only be granted in exceptional circumstances.” Cashner v. Freedom Stores, Inc., 98 F.3d 572 , 577-78 (10th Cir. 1996) (citing Bud Brooks Trucking, Inc. v. Bill Hodges Trucking Co., 909 F.2d…
- Smith v. Amazon.com Servs., LLC, No. 2:21-cv-02260 (D. Kan. Oct. 3, 2022).P. 60(b). 5 Bud Brooks Trucking, Inc. v. Bill Hodges Trucking Co., 909 F.2d 1437, 1440 (10th Cir. 1990) (citation omitted).
- Petrie v. GoSmith, Inc., No. 1:18-cv-01528 (D. Colo. July 29, 2021).“Relief under Rule 60(b) is extraordinary and may only be granted in exceptional circumstances”
- Ingram v. Chris Copeland Constr., No. 4:20-cv-00004 (D. Utah May 25, 2021).Indeed, Defendants’ ability to obtain counsel and pursue relief from the Default Judgment was a major topic of discussion during the April 27, 2020 status conference.54 And that status conference was continued, in part, to afford Defendant…
- Rodriguez v. Williams, No. 1:20-cv-00339 (D. Colo. Mar. 17, 2021).“[r]elief under Rule 60(b) is extraordinary and may only be granted in exceptional circumstances”
- Jones v. Google LLC, Inc., No. 5:20-cv-03072 (D. Kan. Mar. 4, 2021).“extraordinary and may only be granted in exceptional circumstances”
- Plasmacam, Inc. v. Darilek, No. 1:18-cv-02075 (D. Colo. Mar. 3, 2021).“Relief under Rule 60(b) is extraordinary and may only be granted in exceptional circumstances”
- Baker v. Ward, No. 5:19-cv-01187 (W.D. Okla. Dec. 11, 2020).“extraordinary and may only be granted in exceptional circumstances”
- Kirven v. Stanfill, No. 2:18-cv-01204 (D.N.M. Oct. 8, 2020).“is not a substitute for an appeal”
- Elling v. Mesa Biotech, Inc., No. 1:19-cv-00547 (D.N.M. Oct. 5, 2020).“Relief under Rule 60(b) is extraordinary and may only be granted in exceptional circumstances”
- Vreeland v. Tiona, No. 1:17-cv-01580 (D. Colo. May 29, 2020). “Relief under Rule 60(b) is extraordinary and may only be granted in exceptional circumstances”
- Dawson v. Corr. Healthcare Mgmt., Inc., No. 1:16-cv-02073 (D. Colo. May 19, 2020).Van Skiver, 952 F.2d at 1243 (citing Bud Brooks Trucking, Inc. v. Bill Hodges Trucking Co., 909 F.2d 1437, 1440 (10th Cir. 1990)).
- Lifestyle Publications, LLC v. Harding, No. 2:19-cv-02007 (D. Kan. May 6, 2020).“Relief under Rule 60(b) is extraordinary and may only be granted in exceptional circumstances”
- Carlson v. United States Dep't of Energy, No. 1:17-cv-00784 (D.N.M. Apr. 16, 2020). “Relief under Rule 60(b) is extraordinary and may only be granted in exceptional circumstances”
- Ziankovich v. Large, No. 1:17-cv-02039 (D. Colo. Jan. 31, 2020).“is extraordinary and may only be granted in exceptional circumstances”
- Navarette v. Corizon LLC, No. 1:18-cv-00057, 2020 WL 209317 (D.N.M. Jan. 14, 2020).Id. (citing Servants of the Paraclete v. Does, 204 F.3d 1005, 1009 (10th Cir. 2000) (quoting Bud Brooks Trucking, Inc. v. Bill Hodges Trucking Co., 909 F.2d 1437, 1440 (10th Cir. 1990))).
- Christ Ctr. of Divine Philosophy Inc v. Elam, No. 5:16-cv-00065 (W.D. Okla. Dec. 2, 2019).“[r]elief under Rule 60(b) is extraordinary and may only be granted in exceptional circumstances”
- Ross v. Jenkins, No. 2:17-cv-02547 (D. Kan. Oct. 9, 2019).“Relief under Rule 60(b) is extraordinary and may only be granted in exceptional circumstances”
- Equal Emp. Opportunity Comm'n v. JBS USA, LLC, No. 1:10-cv-02103 (D. Colo. Sept. 30, 2019).“Relief under Rule 60(b) is extraordinary and may only be granted in exceptional circumstances”
- Estes v. Bd. of Regents of the Univ. of New Mexico, No. 1:19-cv-00417 (D.N.M. Aug. 13, 2019).As Plaintiff points out, “[p]arties and their attorneys must be held to a reasonably high standard of diligence in observing the courts’ rules of procedure.” (Doc. 20, at 2) (quoting Bud Brooks Trucking, Inc. v. Bill Hodges Trucking Co., 9…
- In re Bench, 556 B.R. 500 (Bankr. D. Utah 2016).publishedCo., 152 F.3d 1266, 1272 (10th Cir.1998) (citing Bud Brooks Trucking, Inc. v. Bill Hodges Trucking Co., 909 F.2d 1437, 1440 (10th Cir.1990)). .
- Callahan v. Commc'n Graphics, Inc., 657 F. App'x 739 (10th Cir. 2016).unpublishedSimilarly, relief under Rule 60(b) “is extraordinary and may only be granted in exceptional circumstances.” Amoco Oil Co. v. EPA, 231 F.3d 694, 697 (10th Cir. 2000) (quoting Bud Brooks Trucking, Inc. v. Bill Hodges Trucking Co., 909 F.2d 1…
- McGee v. Rudek, 573 F. App'x 729 (10th Cir. 2014).unpublished“in exceptional circumstances”
- United States v. Koerber, 966 F. Supp. 2d 1207 (D. Utah 2013).publishedId. (quoting Bud Brooks Trucking, Inc. v. Bill Hodges Trucking Co., 909 F.2d 1437, 1440 (10th Cir.1990)).
- Cosby v. Astrue, 507 F. App'x 819 (10th Cir. 2013).unpublished“[A] Rule 60(b) motion is not a substitute for an appeal”
- In re Richter, 481 B.R. 680 (Bankr. D. Colo. 2012).publishedLaFleur v. Teen Help, 342 F.3d 1145, 1153 (10th Cir.2003); Amoco Oil Co. v. United States Environmental Protection, 231 F.3d 694, 697 (10th Cir.2000); Bud Brooks Trucking, Inc. v. Bill Hodges Trucking Co., Inc., 909 F.2d 1437, 1440 (10th C…
- Tilley v. Fish, 490 F. App'x 968 (10th Cir. 2012).unpublishedBud Brooks Trucking, Inc. v. Bill Hodges Trucking Co., 909 F.2d 1437, 1440 (10th Cir.1990).
- Aldridge, Jr. v. United States Attorney Gen., 412 F. App'x 130 (10th Cir. 2011).unpublished“Relief under Rule 60(b) is extraordinary and may only be granted in exceptional circumstances”
- Felts v. Accredited Collection Agency, Inc., 406 F. App'x 309 (10th Cir. 2011).unpublishedBud Brooks Trucking, Inc. v. Bill Hodges Trucking Co., Inc., 909 F.2d 1437, 1440 (10th Cir.1990).
- Bronakowski v. Boulder Valley Sch. Dist., 406 F. App'x 304 (10th Cir. 2011).unpublishedBud Brooks Trucking, Inc. v. Bill Hodges Trucking Co., 909 F.2d 1437, 1440 (10th Cir.1990).
- Welch v. Unum Life Ins. Co. of Am., 649 F. Supp. 2d 1220 (D. Kan. 2009).publishedHowever, such relief “is extraordinary and may only be granted in exceptional circumstances.” Amoco, 231 F.3d at 697 (citing Bud Brooks Trucking, Inc. v. Bill Hodges Trucking Co., 909 F.2d 1437, 1440 (10th Cir.1990)).
- Hildebrand v. Steck Mfg. Co., 292 F. App'x 921 (Fed. Cir. 2008).unpublished“Relief under Rule 60(b) is extraordinary and may only be granted in exceptional circumstances”
- Daneshvar v. Graphic Tech., Inc., 261 F. App'x 126 (10th Cir. 2008).unpublished“Pai-ties seeking relief under Rule 60(b) have a higher hurdle to overcome because such a motion is not a substitute for an appeal.” Bud Brooks Trucking, Inc. v. Bill Hodges Trucking Co., Inc., 909 F.2d 1437, 1440 (10th Cir.1990).
- Cashner v. Freedom Stores, Inc., 98 F.3d 572 (10th Cir. 1996).published
- United States v. Mercedes Station, No. 95-5154 (10th Cir. Jan. 9, 1997).unpublished
- Gagan v. Solano, 132 F.3d 42 (10th Cir. 1997).published
- In re Apogee Robotics, Inc., a Colorado Corp. & Agv Acquisitions, Inc., Debtors. Apogee Robotics, Inc. v. Foss Realty, Inc., 139 F.3d 911 (10th Cir. 1998).published
- Fed. Deposit Ins. v. United Pac. Ins., 152 F.3d 1266 (10th Cir. 1998).published
- Rideout v. Scott, 166 F.3d 1221 (10th Cir. 1998).published
- United States v. Account PO-204,675.0, 162 F.3d 1174 (10th Cir. 1998).unpublished
- Lindberg v. United States, 164 F.3d 1312 (10th Cir. 1999).published
- Mehdipour v. City of Oklahoma, No. 98-6310, 1999 WL 114378 (10th Cir. Mar. 5, 1999).unpublished
- Fox v. Noram Energy, No. 98-6141, 1999 WL 961226 (10th Cir. Oct. 21, 1999).unpublished
- Servants of the Paraclete v. Does, 204 F.3d 1005 (10th Cir. 2000).published
- Powell v. Cobe Labs., No. 98-1350 (10th Cir. Mar. 2, 2000).unpublished
- Proctor & Gamble Co. v. Haugen, 222 F.3d 1262 (10th Cir. 2000).published
- Amoco Oil Co. v. United States Env't Prot. Agency, 231 F.3d 694 (10th Cir. 2000).published
- Lyons v. New Mexico Dep't of Corr., 12 F. App'x 772 (10th Cir. 2001).unpublished
- Adams v. Anderson, 12 F. App'x 910 (10th Cir. 2001).unpublished
- Flores v. U.S. Repeating Arms Co., 19 F. App'x 795 (10th Cir. 2001).unpublished
- Wright v. Hickman, 36 F. App'x 395 (10th Cir. 2002).unpublished
- Kelly v. O'Connor, 49 F. App'x 239 (10th Cir. 2002).unpublished
- Moore v. Johnson, 49 F. App'x 265 (10th Cir. 2002).unpublished
- LaFleur v. Teen Help, 342 F.3d 1145 (10th Cir. 2003).published
- Cummings v. Gen. Motors Corp., No. 02-6340 (10th Cir. Apr. 28, 2004).published
- Malloy v. Wallace (In re Wallace), 99 F. App'x 870 (10th Cir. 2004).unpublished
- Woolley v. State of Kansas, 138 F. App'x 85 (10th Cir. 2005).unpublished
- Lehnert v. Hersh, 154 F. App'x 64 (10th Cir. 2005).unpublished
- Sec. & Exch. Comm'n v. Solv-Ex Corp., 164 F. App'x 765 (10th Cir. 2006).unpublished
- Allender v. Raytheon Aircraft Co., 439 F.3d 1236 (10th Cir. 2006).published
- Pearson v. Ward, 184 F. App'x 760 (10th Cir. 2006).unpublished
- Sec. Nat'l Bank of Enid v. John Deere Co., 927 F.2d 519 (10th Cir. 1991).published
- Raymond J. Van Skiver Alma L. Van Skiver v. United States & John Does, 952 F.2d 1241 (10th Cir. 1992).published
- Joe L. Bell v. Anthony M. Frank, 992 F.2d 1222 (10th Cir. 1993).published
- Karara v. Univ. of Denver, 5 F.3d 546 (10th Cir. 1993).published
- Atwall v. Stifel, Nicolaus & Co., 13 F.3d 404 (3d Cir. 1993).published
- White v. Cassey, 30 F.3d 142 (10th Cir. 1994).published
- Don E. Cravens v. Wilbros Butler Engineers, Inc., 51 F.3d 285 (10th Cir. 1995).published
- Kristen M. Good, as Co-Adm'r Wwa of the Estates of Roland W. Good & Judith E. Good v. Ohio Edison Co., Defendant/third-Party v. United States of Am. United States Coast Guard, Third-Party, 149 F.3d 413 (3d Cir. 1998).published
- Nutter v. Wefald, 885 F. Supp. 1445 (D. Kan. 1995).published
- Calumet Gaming Grp.-Kansas, Inc. v. Kickapoo Tribe of Kansas, 987 F. Supp. 1321 (D. Kan. 1997).published
- W. Cities Broad., Inc. v. Schueller (In re Schueller), 126 B.R. 354 (D. Colo. 1991).published
- United States v. Johnson, 934 F. Supp. 383 (D. Kan. 1996).published
- W. Cities Broad., Inc. v. Schueller (In re Schueller), 124 B.R. 98 (D. Colo. 1991).published
- In re Folger, 149 B.R. 183 (D. Kan. 1992).published
- In re Bushman, 311 B.R. 91 (Bankr. D. Utah 2004).published
- Butler v. Boeing Co., 175 F. Supp. 2d 1307 (D. Kan. 2001).published
- Aerotech Resources, Inc. v. Dodson Aviation, Inc., 191 F. Supp. 2d 1209 (D. Kan. 2002).published
- MacArthur v. San Juan Cnty., 416 F. Supp. 2d 1098 (D. Utah 2005).published
- Seyler v. Burlington N. Santa Fe Corp., 121 F. Supp. 2d 1352 (D. Kan. 2000).published
- Voda v. Cordis Corp., 506 F. Supp. 2d 868 (W.D. Okla. 2007).published
- Villescas v. Abraham, 285 F. Supp. 2d 1248 (D. Colo. 2003).published
- Kustom Signals, Inc. v. Applied Concepts, Inc., 247 F. Supp. 2d 1233 (D. Kan. 2003).published
- Good v. Ohio Edison Co., 149 F.3d 413 (6th Cir. 1998).published
- Wright v. Hickman, 24 F. App'x 990 (10th Cir. 2002).unpublished
- Winslow v. Williams Grp. (In re Winslow), 132 B.R. 1016 (D. Colo. 1991).published
- Reppert v. W. Nat'l Bank (In re Reppert), 271 B.R. 393 (D. Kan. 2001).published
- Malloy v. Wallace (In re Wallace), 298 B.R. 435 (B.A.P. 10th Cir. 2003).published
- United States v. Edmonson, 928 F. Supp. 1052 (D. Kan. 1996).published
- Harvey v. Yellow Freight Sys., Inc., 936 F. Supp. 790 (D. Kan. 1996).published
- Hall v. Doering, 185 F.R.D. 639 (D. Kan. 1999).published
- Calhoun v. Schultze, 197 F.R.D. 461 (D. Kan. 2000).published
- CSU, L.L.C. v. Xerox Corp., 202 F.R.D. 275 (D. Kan. 2001).published
- Crocker v. Durkin, 204 F.R.D. 696 (D. Kan. 2002).published
- Scherer v. Hill, 213 F.R.D. 431 (D. Kan. 2003).published
- Paiz v. United States Postal Serv., 214 F.R.D. 675 (D.N.M. 2003).published
- Nutter v. Wefald, 163 F.R.D. 609 (D. Kan. 1995).published
- Loum v. Houston's Restaurants, Inc., 177 F.R.D. 670 (D. Kan. 1998).published
- Cracraft v. Utah Valley Univ., No. 22-4034 (10th Cir. Nov. 30, 2022).unpublished
- Gregory Cummings Trace Cummings v. Gen. Motors Corp., 365 F.3d 944 (10th Cir. 2004).published
- Marva R. Bell v. Coleman Younger, No. 2:26-cv-02374 (D. Kan. July 22, 2026).
At page 1439 Justification required for imposing sanctions8 citing casesIn any event, the district court should set forth in the record the justification for the sanction imposed.
- Boulter v. Noble Energy, No. 23-1118, 2024 WL 1526289 (10th Cir. Apr. 9, 2024).unpublished (In any event, the district court should set forth in the record the justification for the sanction imposed.)
- Drevaleva v. U.S. Dep't of Vets. Affairs, No. 1:21-cv-00761, 2021 WL 5083989 (D.N.M. Nov. 2, 2021).Bud Brooks Trucking, Inc. v. Bill Hodges Trucking Co., Inc., 909 F.2d 1437, 1439 (10th Cir. 1990); see Davis v. Miller, 571 F.3d 1058, 1062 (10th Cir. 2009) (sanctions should be directed at counsel “when the fault lies with him rather than…
- Davis v. Miller, 571 F.3d 1058 (10th Cir. 2009).published Id. at 30. [4] See also Bud Brooks Trucking, Inc. v. Bill Hodges Trucking Co., 909 F.2d 1437, 1439 (10th Cir.1990) ("Dismissal with prejudice is a drastic sanction.
- Hardage v. James, No. 00-7019 (10th Cir. May 10, 2000).unpublished
- No. 92-1201, 2 F.3d 1023 (10th Cir. 1993).published
- No. 96-1047, 86 F.3d 1015 (10th Cir. 1996).published
- S. Ute Indian Tribe v. Amoco Prod. Co., 2 F.3d 1023 (10th Cir. 1993).published
v.
BILL HODGES TRUCKING COMPANY, INC., an Oklahoma corporation Turner Brothers Trucking Company, an Oklahoma corporation Bill Jackson Rig Company, an Oklahoma corporation Jim Marrs Trucking Co., Inc., a successor to Jim Marrs & Son Trucking Company, Inc. Garrett Brothers, Inc., an Oklahoma corporation Jernigan Brothers, Inc., an Oklahoma corporation Louis Bodnar, an individual
This appeal is taken from a district court order denying plaintiffs’ motion to vacate the court’s earlier dismissal of their action. Fed.R.Civ.P. 60(b). Initially, plaintiffs filed an untimely notice of appeal from the district court’s order and the appeal was dismissed for lack of jurisdiction. After their unsuccessful attempt to appeal, plaintiffs filed their Rule 60(b) motion in the district court. Limiting our review to the district court’s denial of 60(b) relief, and applying the appropriate standard to that denial, we conclude that the district court acted within its discretion and affirm the court’s order.[1]
BACKGROUND
In August of 1985, plaintiffs filed their original complaint seeking relief under the Sherman and Clayton Acts, claiming antitrust violations by defendants (six competing companies and their attorney). A year later, after amended pleadings had been filed and initial motions ruled upon, the district court held a scheduling conference with the parties. The court set a series of deadlines, which were subsequently extended by joint request of the parties.
According to the parameters eventually fixed by the district court, plaintiffs’ final “contentions” were due January 1, 1987, with defendants’ due seven days later. Witness and exhibit lists of both sides were due January 25, and discovery was to be completed by February 15. Several other deadlines were set, including initiation by plaintiffs’ counsel of settlement by February 1. Trial was to commence March 2.
[*1439] Plaintiffs’ contentions (incorporating by reference certain allegations in the original and amended complaints) were filed January 23, three weeks late. Neither side submitted witness or exhibit lists[1] by January 25. On January 30, the court, by letter, directed the presence of counsel and a person with settlement authority for each party to attend a settlement conference scheduled for February 11, 1987.
Defendants all attended the conference, but only one of the six plaintiffs appeared. This prompted the district court to enter an order mandating the appearance of all plaintiffs and counsel on February 27 and directing them to show cause why sanctions should not be imposed for failure to attend the February 11 conference. The court further indicated its intent to consider several pending motions to dismiss the action for failure to comply with scheduling and discovery deadlines. Following the February 27 hearing, the district court dismissed the action with prejudice for failure of plaintiffs to comply with discovery and scheduling deadlines and failure to appear at the settlement conference.
The plaintiffs’ notice of appeal from the order dismissing the action was untimely filed, resulting in the dismissal of the appeal for lack of jurisdiction. In their subsequent motion for relief under Rule 60(b), plaintiffs requested the court to consider whether sanctions other than dismissal would have been more appropriate under the circumstances. The district court summarily denied the motion and this appeal ensued.
DISCUSSION
Dismissal with prejudice is a drastic sanction. Ocelot Oil Corp. v. Sparrow Indus., 847 F.2d 1458, 1464 (10th Cir.1988); In re Russell, 746 F.2d 1419 (10th Cir.1984); Hollis v. United States, 744 F.2d 1430, 1432 (10th Cir.1984). While such a sanction may be employed in the proper situation, we have held that the district court should consider sanctioning the responsible party. In re Baker, 744 F.2d 1438, 1442 (10th Cir.1984) (en banc) (impact of sanction should be lodged with counsel or client, whoever is at fault), cert. denied, 471 U.S. 1014, 105 S.Ct. 2016, 85 L.Ed.2d 299 (1985); see Meade v. Grubbs, 841 F.2d 1512, 1520 (10th Cir.1988) (dismissal usually appropriate only when lesser sanction would not serve best interests of justice).[2] The sanction of dismissal has been upheld in some instances as an appropriate alternative available to the district court where a party willfully fails to comply with discovery rules. Adams v. J. W. Jones Constr. Co., 703 F.2d 483, 484 n. 3 (10th Cir. 1983); United States v. $239,500 in United States Currency, 764 F.2d 771, 773 (11th Cir.1985). In any event, the district court should set forth in the record the justification for the sanction imposed. In re Baker, 744 F.2d at 1442; Hollis v. United States, 744 F.2d at 1432; In re Russell, 746 F.2d at 1420; Sterling Energy, Ltd. v. Friendly Nat’l Bank, 744 F.2d 1433, 1437 (10th Cir.1984).
Were this a direct appeal from the dismissal of the action, plaintiffs might have a stronger position from which to argue that dismissal was too harsh a sanction under the circumstances. But see In re Standard Metals Corp., 817 F.2d .625, 628-29 (10th Cir.1987); Founding Church of Scientology, Inc. v. Webster, 802 F.2d 1448, 1457-59 (D.C.Cir.1986), cert. denied, 484 U.S. 871, 108 S.Ct. 199, 98 L.Ed.2d 150 (1987); Gates v. United States, 752 F.2d 516, 517 (10th Cir.1985). However, the posture of this appeal requires review of a different discretionary decision by the district court, i.e., the denial of the motion under Rule 60(b).[3]
[*1440] The hurdle plaintiffs must overcome is higher because a Rule 60(b) motion is not a substitute for an appeal. Kagan v. Caterpillar Tractor Co., 795 F.2d 601, 607 (7th Cir.1986) (“Thus ‘our review of denial of Rule 60(b) relief [is] meaningfully narrower than would [be] our review on direct appeal_’”) (quoting Pryor v. U.S. Postal Serv., 769 F.2d 281, 286 (5th Cir.1985)); Morris v. Adams-Millis Corp., 758 F.2d 1352, 1358 (10th Cir.1985); Chick Kam Choo v. Exxon Corp., 699 F.2d 693, 694 (5th Cir.), cert. denied, 464 U.S. 826, 104 S.Ct. 98, 78 L.Ed.2d 103 (1983); cf. Cessna Fin. Corp. v. Bielenberg Masonry Contracting, Inc., 715 F.2d 1442, 1444 (10th Cir.1983); Brown v. McCormick, 608 F.2d 410, 413 (10th Cir.1979). Thus, this appeal does not bring up for review the underlying judgment of dismissal as a sanction for failure to comply with discovery orders. Browder v. Director, Dep’t of Corrections, 434 U.S. 257, 263 n. 7, 98 S.Ct. 556, 560 n. 7, 54 L.Ed.2d 521 (1978); United States v. 31.63 Acres of Land, 840 F.2d 760, 761 (10th Cir.1988); Morris v. Adams-Millis Corp., 758 F.2d at 1357; V.T.A., Inc. v. Aireo, Inc., 597 F.2d 220, 224 (10th Cir.1979).
Relief under Rule 60(b) is extraordinary and may only be granted in exceptional circumstances. Ackermann v. United States, 340 U.S. 193, 199, 71 S.Ct. 209, 212, 95 L.Ed. 207 (1950); Griffin v. Swim-Tech Corp., 722 F.2d 677, 680 (11th Cir.1984). Plaintiffs do not recite any exceptional circumstances warranting such relief, nor does our reading of the record disclose any. There are no claims, for instance, that plaintiffs were unable to comply with discovery deadlines or to attend the settlement conference because of compelling' circumstances beyond their control. Parties and their attorneys must be held to a reasonably high standard of diligence in observing the courts’ rules of procedure. Cessna Finance Corp. v. Bielenberg, 715 F.2d at 1444 (no abuse of discretion in denying Rule 60(b)(1) motion for relief from default judgment). Cf. Morris v. Adams-Millis Corp., 758 F.2d at 1359 (Rule 60(b)(1) will not lie to correct error of law, where.the appellant fails to demonstrate unusual circumstances warranting relief under Rule 60(b)(6)).
CONCLUSION
We conclude that the district court did not abuse its discretion in denying plaintiff’s Rule 60(b) motion. Accordingly, the district court’s order is AFFIRMED.
After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R. App.P. 34(a); 10th Cir.R. 34.1.9. The cause is therefore ordered submitted without oral argument.
However, litigants, having chosen their attorney, cannot avoid the consequences of the acts of their freely selected agent. Link v. Wabash R.R., 370 U.S. 626, 633-34, 82 S.Ct. 1386, 1390-91, 8 L.Ed.2d 734 (1962); see also National Hockey League v. Metropolitan Hockey Club, Inc., 427 U.S. 639, 643, 96 S.Ct. 2778, 2781, 49 L.Ed.2d 747 (1976) (most severe sanction must be available to district court not only to penalize conduct warranting sanction, but to deter others).
We emphasize that the Rule 60(b) motion in this case was not filed in the district court until after the time for direct appeal had expired. This court has previously addressed situations where an immediate 60(b) motion was filed, and a timely appeal of both the underlying[*1440] order and the denial of 60(b) relief was pursued. See, e.g., Hancock v. City of Oklahoma City, 857 F.2d 1394 (10th Cir.1988); Meade v. Grubbs, 841 F.2d 1512 (10th Cir.1988); D.G. Shelter Prod. v. Forest Prod. Co., 769 F.2d 644 (10th Cir.1985). Those cases are inapplicable in circumstances such as this, where plaintiffs’ 60(b) motion is merely a belated attempt to cure an untimely notice of appeal or failure to appeal.