In Re Bill W. Rains, Also Known as Billy Wayne Rains, Debtor. Dale A. Ruplinger v. Bill W. Rains, Also Known as Billy Wayne Rains, 946 F.2d 731 (10th Cir. 1991). · Go Syfert
In Re Bill W. Rains, Also Known as Billy Wayne Rains, Debtor. Dale A. Ruplinger v. Bill W. Rains, Also Known as Billy Wayne Rains, 946 F.2d 731 (10th Cir. 1991). Cases Citing This Book View Copy Cite
“our disposition of this case makes it unnecessary for us to address dr. rains' other issues on appeal.”
422 citation events (390 in the last 25 years) across 13 distinct courts.
Strongest positive: Zero Down Supply Chain Solutions, Inc. v. Global Transportation Solutions, Inc. (utd, 2012-05-21)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (quoted) Zero Down Supply Chain Solutions, Inc. v. Global Transportation Solutions, Inc.
D. Utah · 2012 · signal: see · quote attribution · 1 verbatim quote · confidence high
our disposition of this case makes it unnecessary for us to address dr. rains' other issues on appeal.
discussed Cited as authority (rule) Dania Ruiz-Paramo v. Aroma360, LLC
D. Colo. · 2026 · confidence medium
In exercising that discretion, the Court considers that “[s]trong policies favor resolution of disputes on their merits.” In re Rains, 946 F.2d 731, 732 (10th Cir. 1991) (quotation and citations omitted).
discussed Cited as authority (rule) Premark Health Science, Inc. v. PlantFuel, Inc., PlantFuel Life, Inc., and Brad Pyatt
D. Colo. · 2026 · confidence medium
In exercising that discretion, the Court considers that “[s]trong policies favor resolution of disputes on their merits.” In re Rains, 946 F.2d 731, 732 (10th Cir. 1991) (quotation and citations omitted).
cited Cited as authority (rule) Hallmark National Insurance Company v. Northern Made Outlaws, LLC d/b/a Outlaws
W.D. Okla. · 2026 · confidence medium
In re Rains, 946 F.2d 731, 732-33 (10th Cir. 1991).
cited Cited as authority (rule) Kehl v. LeBlanc
10th Cir. · 2026 · confidence medium
Id. at 733 (brackets and internal quotation marks omitted).
cited Cited as authority (rule) Steven M. Ford v. Sherwin-Williams
D. Kan. · 2026 · confidence medium
Default judgments are justified “only when the adversary process has been halted because of an essentially unresponsive party.” In re Rains, 946 F.2d 731, 732 (10th Cir. 1991) (quotation cleaned up).
discussed Cited as authority (rule) Adrian Conejo, Christopher Ashmore, Jason Mack, Miguel Acosta, Jeffrey Martin, David Kelsch-Haghiri, Rebecca Hampton, Rachel Caldwell, Alfonso Barajas, Angel Lough, Cole Timian, Marquivas Crawford, Cody Pittser, and Danial Garza, in their individual capacities and on behalf of others similarly situated v. Nicholas (“Nic”), an individual
D. Colo. · 2026 · confidence medium
“Strong policies favor resolution of disputes on their merits,” and default judgment should be “available only when the adversary process has been halted because of an essentially unresponsive party.” In re Rains, 946 F.2d 731, 732 (10th Cir. 1991) (citation omitted).
cited Cited as authority (rule) William Gardner v. New Mexico Board of Dental Health, et al.
D.N.M. · 2026 · confidence medium
In re Rains, 946 F.2d 731, 732-33 (10th Cir. 1991).
discussed Cited as authority (rule) Lonnie J. Ryan, Jr. v. David Davies, et al.
D. Kan. · 2026 · confidence medium
In short, this situation isn’t one where defendant is “essentially unresponsive[.]” In re Rains, 946 F.2d 731, 732 (10th Cir. 1991) (quotation cleaned up) (recognizing that default judgments normally are “available only when the adversary process has been halted because of an essentially unresponsive party” (quotation cleaned up)).
discussed Cited as authority (rule) Blendtec Inc. v. BlendJet Inc., et al.
D. Utah · 2026 · confidence medium
P. 5(b). 67 MDJ Opposition. 68 In re Rains, 946 F.2d 731, 732 (10th Cir. 1991) (quoting H.F.
discussed Cited as authority (rule) Yoel Lodos v. Empire Towing Corp., and Bernard Esmel Arritola Alonso, an individual
D. Colo. · 2026 · confidence medium
In exercising that discretion, the Court considers that “[s]trong policies favor resolution of disputes on their merits.” In re Rains, 946 F.2d 731, 732 (10th Cir. 1991) (quotation and citations omitted).
discussed Cited as authority (rule) Ronald J. Desrochers v. Consumer Legal Group, P.C.
D. Colo. · 2026 · confidence medium
In exercising that discretion, the court considers that “[s]trong policies favor resolution of disputes on their merits.” In re Rains, 946 F.2d 731, 732 (10th Cir. 1991) (quotation and citations omitted).
cited Cited as authority (rule) Brunsen Burner Company and Loud Cloud, LLC v. GRP NM LLC, Eugenia Smith, Fredrick Lawerence, Customer Does 1-10
D.N.M. · 2026 · confidence medium
The default judgment remedy serves as such a protection.” In re Rains, 946 F.2d 731, 732-33 (10th Cir. 1991).
discussed Cited as authority (rule) Leslie Hoof a/k/a Leslie Manning v. Ayahuasca Foundation
D. Colo. · 2026 · confidence medium
In exercising that discretion, the Court considers that “[s]trong policies favor resolution of disputes on their merits.” In re Rains, 946 F.2d 731, 732 (10th Cir. 1991) (quotation and citations omitted).
discussed Cited as authority (rule) Marcus A. Murphy v. Harmony Communities California (2×)
D. Colo. · 2026 · confidence medium
In exercising that discretion, the court bears in mind that “[s]trong policies favor resolution of disputes on their merits.” In re Rains, 946 F.2d 731, 732 (10th Cir. 1991) (quotation and citations omitted).
discussed Cited as authority (rule) Peggy Collins v. BinduO Electronic Business, Inc.
D. Colo. · 2026 · confidence medium
In exercising that discretion, the court considers that “[s]trong policies favor resolution of disputes on their merits.” In re Rains, 946 F.2d 731, 732 (10th Cir. 1991) (quotation and citations omitted).
discussed Cited as authority (rule) Michael Lichter Photography, LLC v. GIT Corp., and Ray Pelosi
D. Colo. · 2026 · confidence medium
In exercising that discretion, the Court considers that “[s]trong policies favor resolution of disputes on their merits.” In re Rains, 946 F.2d 731, 732 (10th Cir. 1991) (quotation and citations omitted).
discussed Cited as authority (rule) Eric Cabrera v. Emortgage Funding LLC (2×) also: Cited "see"
D. Colo. · 2026 · confidence medium
This is not a case where the “adversary process has been halted because of an essentially unresponsive party.” In re Rains, 946 F.2d 731, 732 (10th Cir. 1991).
cited Cited as authority (rule) Stephanie Price v. MHM Support Services, d/b/a Mercy Edmond North
W.D. Okla. · 2026 · confidence medium
In re Rains, 946 F.2d 731, 732 (10th Cir. 1991) (internal quotation marks omitted).
discussed Cited as authority (rule) Great Bowery Inc. d/b/a Trunk Archive v. Vivid Beauty, and Does 1 through 10 inclusive, whose true names are unknown
D. Colo. · 2026 · confidence medium
In exercising that discretion, the court considers that “[s]trong policies favor resolution of disputes on their merits.” In re Rains, 946 F.2d 731, 732 (10th Cir. 1991) (quotation and citations omitted).
discussed Cited as authority (rule) Dr. Anuj Peddada v. Catholic Health Initiatives Colorado d/b/a Centura Health-Penrose-St. Francis Health Services and CommonSpirit Health Foundation d/b/a CommonSpirit Health
D. Colo. · 2026 · confidence medium
In re Rains, 946 F.2d 731, 732 (10th Cir. 1991) (“Strong policies favor resolution of disputes on their merits.” (quoting H.F.
discussed Cited as authority (rule) Edward Dwight v. Third World Press Foundation, Inc.
D. Colo. · 2025 · confidence medium
In exercising that discretion, the Court considers that “[s]trong policies favor resolution of disputes on their merits.” In re Rains, 946 F.2d 731, 732 (10th Cir. 1991) (quotation and citations omitted).
discussed Cited as authority (rule) Joe Hand Promotions, Inc. v. Trotter’s on the River, LLC, et al. (2×)
D. Kan. · 2025 · confidence medium
In exercising this discretion, the court remains mindful that “[d]efault judgments are a harsh sanction.” In re Rains, 946 F.2d 731, 732 (10th Cir. 1991).
cited Cited as authority (rule) Michael S. McLain and Rosalee Janette McLain v. Board of County Commissioners of Sedgwick County, Kansas, et al.
D. Kan. · 2025 · confidence medium
Jun. 29, 2018) (citing In re Rains, 946 F.2d 731, 732 (10th Cir. 1991) (calling default judgments “a harsh sanction.”).
discussed Cited as authority (rule) Julie Smith v. BloomTV LLC, Monica Manley, and Devon Kerns (2×)
D. Colo. · 2025 · confidence medium
In exercising that discretion, the court bears in mind that “[s]trong policies favor resolution of disputes on their merits.” In re Rains, 946 F.2d 731, 732 (10th Cir. 1991) (quotation and citations omitted).
discussed Cited as authority (rule) United States of America v. Daniel M. Long, et al.
D. Utah · 2025 · confidence medium
A. Legal Standard “Strong policies favor resolution of disputes on the merits.”45 However, the district court has discretion to enter a default judgment “when the adversary process has been halted because of an essentially unresponsive party.”46 Default judgments exist to protect a plaintiff against “interminable delay and continued uncertainty as to his rights.”47 When a plaintiff seeks default against a defendant who has failed to defend the suit, “the district court has an affirmative duty to look into its jurisdiction both over the subject matter and the parties.”48 Once ju…
discussed Cited as authority (rule) Joyspring Holdings, LLC v. Cosy Trading Co., Ltd., dba ZMDRT, and Gaomishilaerfudianzishang Wuyouxiangongsi dba ZXJYDBT
D. Utah · 2025 · confidence medium
Co. v. Control Fluidics, Inc., 834 F.2d 869, 872 (10th Cir. 1987) (“[D]efault judgment is a harsh sanction.”). 48 In re Rains, 946 F.2d 731, 733 (10th Cir. 1991) (quoting Cessna Fin.
discussed Cited as authority (rule) BMO Bank N.A. v. Blitz Transit, LLC (2×)
D. Kan. · 2025 · confidence medium
In exercising this discretion, the court remains mindful that “[d]efault judgments are a harsh sanction[.]” In re Rains, 946 F.2d 731, 732 (10th Cir. 1991).
cited Cited as authority (rule) Paulette Eze and Pamela Eze Sylvestre, as Personal Representatives of the Estate of Presley Eze, Isaac and Loretta Eze, parents of Presley Eze, Pete “Obi” Eze, brother of Presley Eze, Elena Eze, spouse of Presley Eze and Vincent J. Ward, as Guardian Ad Litem, of I.E., a minor child, of decedent Presley Eze v. The City of Las Cruces and Brad Justin Lunsford, in his individual capacity
D.N.M. · 2025 · confidence medium
Default judgment deprives a litigant of her day in court and is appropriate “only where a lesser sanction would not serve the interest of justice.” In re Rains, 946 F.2d 731, 733 (10th Cir. 1991).
cited Cited as authority (rule) Crowe v. Gee
D.N.M. · 2025 · confidence medium
In re Rains, 946 F.2d 731, 732-33 (10th Cir. 1991).
discussed Cited as authority (rule) McLaughlin Group, Inc. v. American Manufacturing & Machine, Inc.
D. Colo. · 2025 · confidence medium
In exercising that discretion, the Court considers that “[s]trong policies favor resolution of disputes on their merits.” In re Rains, 946 F.2d 731, 732 (10th Cir. 1991) (quotation and citations omitted).
discussed Cited as authority (rule) Board of Trustees, Sheet Metal Workers' Local 9 Pension Trust v. Moosh Inc.
D. Colo. · 2025 · confidence medium
“Strong policies favor resolution of disputes on their merits[,]” and default judgment should be “available only when the adversary process has been halted because of an essentially unresponsive party.” In re Rains, 946 F.2d 731, 732 (10th Cir. 1991) (internal citations omitted).
discussed Cited as authority (rule) Kostroun v. Greenhouse Partners, LLC
D. Colo. · 2025 · confidence medium
In exercising that discretion, the Court considers that “[s]trong policies favor resolution of disputes on their merits.” In re Rains, 946 F.2d 731, 732 (10th Cir. 1991) (quotation and citations omitted).
discussed Cited as authority (rule) Thin Air Gear, LLC v. Cyberlux Corporation
D. Colo. · 2025 · confidence medium
In other words, default judgment is available “when the adversary process has been halted because of an essentially unresponsive party.” Jn re Rains, 946 F.2d 731, 732 (10th Cir. 1991) (quotation omitted).
discussed Cited as authority (rule) Crafts Outlet, Inc., The v. Crafts Online Outlet, Inc, The
D. Colo. · 2025 · confidence medium
In exercising that discretion, the Court considers that “[s]trong policies favor resolution of disputes on their merits.” In re Rains, 946 F.2d 731, 732 (10th Cir. 1991) (quotation and citations omitted).
discussed Cited as authority (rule) Wiltech Technology, Inc. v. Wilson
D.N.M. · 2025 · confidence medium
In re Rains, 946 F.2d 731, 732 (10th Cir. 1991) (default judgment is appropriate when “adversary process has been halted because of an essentially unresponsive party”). 3.
discussed Cited as authority (rule) Ruiz-Paramo v. Aroma360
D. Colo. · 2025 · confidence medium
In exercising that discretion, the Court considers that “[s]trong policies favor resolution of disputes on their merits.” In re Rains, 946 F.2d 731, 732 (10th Cir. 1991) (quotation and citations omitted).
discussed Cited as authority (rule) Crowe v. Gee
D.N.M. · 2025 · confidence medium
In re Rains, 946 F.2d 731, 732-33 (10th Cir. 1991) (stating “considerable deference is given the trial judge's determination regarding the default judgment since he is the person most familiar with the circumstances of the case and, thus, is in the best position to evaluate the good faith and credibility of the parties at the hearings”).
cited Cited as authority (rule) Jacobs v. Clark
D.N.M. · 2025 · confidence medium
In exercising this discretion, courts remain mindful that “[s]trong policies favor resolution of disputes on their merits.” In re Rains, 946 F.2d 731, 732-33 (10th Cir. 1991).
discussed Cited as authority (rule) Board of Trustees, Sheet Metal Workers' Local 9 Pension Trust v. Certified Balancing and Commissioning LLC
D. Colo. · 2025 · confidence medium
In exercising that discretion, the Court considers that “[s]trong policies favor resolution of disputes on their merits.” Ruplinger v. Rains, 946 F.2d 731, 732 (10th Cir. 1991) (quotation and citations omitted).
cited Cited as authority (rule) Jacobs v. Clark
D.N.M. · 2025 · confidence medium
In exercising this discretion, courts remain mindful that “[s]trong policies favor resolution of disputes on their merits.” In re Rains, 946 F.2d 731, 732-33 (10th Cir. 1991).
discussed Cited as authority (rule) Duffy Archive Limited v. Montage Salon Corp.
D. Colo. · 2025 · confidence medium
In exercising that discretion, the Court considers that “[s]trong policies favor resolution of disputes on their merits.” In re Rains, 946 F.2d 731, 732 (10th Cir. 1991) (quotation and citations omitted).
discussed Cited as authority (rule) Lodos v. Empire Towing Corp.
D. Colo. · 2025 · confidence medium
In exercising that discretion, the Court considers that “[s]trong policies favor resolution of disputes on their merits.” In re Rains, 946 F.2d 731, 732 (10th Cir. 1991) (quotation and citations omitted).
discussed Cited as authority (rule) Camp Bow Wow Franchising, Inc. v. Gone to the Dogs, LLC
D. Colo. · 2025 · confidence medium
In exercising that discretion, the Court considers that “[s]trong policies favor resolution of disputes on their merits.” In re Rains, 946 F.2d 731, 732 (10th Cir. 1991) (quotation and citations omitted).
discussed Cited as authority (rule) Kansys Staffing Group, LLC v. QRails, Inc.
D. Kan. · 2025 · confidence medium
In sum, this situation isn’t one where defendant is “essentially unresponsive[.]” In re Rains, 946 F.2d 731, 732 (10th Cir. 1991) (recognizing that default judgments normally are “available only when the adversary process has been halted because of an essentially unresponsive party”).
discussed Cited as authority (rule) Bourdon v. Vigil
D.N.M. · 2025 · confidence medium
In re Rains, 946 F.2d 731, 732-33 (10th Cir. 1991) (stating “considerable deference is given the trial judge's determination regarding the default judgment since he is the person most familiar with the circumstances of the case and, thus, is in the best position to evaluate the good faith and credibility of the parties at the hearings”).
cited Cited as authority (rule) Viegas v. Partner Colorado Credit Union
D. Colo. · 2025 · confidence medium
Id. (citing In re Rains, 946 F.2d 731, 732-33 (10th Cir. 1991)).
discussed Cited as authority (rule) Marquez v. Baker-Chavez
D.N.M. · 2025 · confidence medium
In re Rains, 946 F.2d 731, 732-33 (10th Cir. 1991) (stating “considerable deference is given the trial judge's determination regarding the default judgment since he is the person most familiar with the circumstances of the case and, thus, is in the best position to evaluate the good faith and credibility of the parties at the hearings”).
discussed Cited as authority (rule) Cook v. US Technologies Inc
W.D. Okla. · 2024 · confidence medium
Nonetheless, default judgment is viewed as a reasonable remedy when the adversary process has been halted because of an essentially unresponsive party.” Tabb, 2018 WL 3213622 , at *1 (citing In re Rains, 946 F.2d 731, 732 (10th Cir. 1991)).
Retrieving the full opinion text from the archive…
In Re Bill W. RAINS, Also Known as Billy Wayne Rains, Debtor. Dale A. RUPLINGER, Plaintiff-Appellee,
v.
Bill W. RAINS, Also Known as Billy Wayne Rains, Defendant-Appellant
91-6032.
Court of Appeals for the Tenth Circuit.
Oct 7, 1991.
946 F.2d 731
Kenneth G. Mayfield, Oklahoma City, Okl., for defendant-appellant., James S. Matthews, Jr. (Jay Self with him on the brief), Oklahoma City, Okl., for plaintiff-appellee.
Anderson, Tacha, Brorby.
Cited by 221 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 80%
Citer courts: D. Utah (1)
PER CURIAM.

At issue in this case is whether the dis-. trict court abused its discretion in entering a default judgment against a defendant who had delayed executing a settlement agreement. Because the district court did not make findings regarding the defendant’s willfulness, bad faith or other fault and has not explained why some lesser sanction was not appropriate in this case, we remand for further action by the district court.

Plaintiff Ruplinger was a former Mr. Universe who, in June 1985, brought a tort action against Dr. Rains, an Oklahoma chiropractor, for wrongful appropriation of Mr. Ruplinger’s image and endorsement. The case, scheduled for jury trial in August 1987, was preempted when Dr. Rains filed a petition in bankruptcy and was administratively closed pending the conclusion of the bankruptcy proceeding.

Mr. Ruplinger then filed an adversary complaint in the bankruptcy court to determine the dischargeability of his claim against Dr. Rains. Mr. Ruplinger’s subsequent motion to withdraw reference of the case from the bankruptcy court was granted, and in May 1989 the case was transferred to the district court. Approximately five months later, in October 1989, the parties appeared at a settlement conference where an oral settlement agreement was reached. Under the terms of that agreement, Dr. Rains would confess a nondis-chargeable judgment in favor of Mr. Ru-plinger in the amount of $50,000.00 and would assign to Mr. Ruplinger a 17.5%[*732] interest in an unfiled malpractice claim against Dr. Rains’ former attorney.

What followed next, according to Mr. Ruplinger, was a series of delays, missed appointments, broken promises and generally intransigent behavior on the part of Dr. Rains which prevented the settlement agreement from being reduced to written form and executed. Finally, in June 1990, Mr. Ruplinger filed a motion requesting an order to enforce the settlement agreement or for entry of default against Dr. Rains. Dr. Rains did not respond to this motion but did appear with counsel at a hearing to show cause as to why the agreement should not be enforced.

During the show cause hearing it became apparent that Dr. Rains was pursuing his malpractice claim pro se rather than with the assistance of counsel as had been the prior understanding between the parties. Because of this change in strategy, the district court deemed Dr. Rains’ attempted assignment of the malpractice claim to Mr. Ruplinger to be illusory, Ruplinger v. Rains, No. CIV-89-777-A, Order at 2 (W.D.Okla. Oct. 19, 1990) (Default Order), and Mr. Ruplinger’s counsel withdrew his motion to enforce the settlement agreement. [1] Finding that Dr. Rains had offered no excuse for his failure to comply with the terms of the settlement agreement and citing H.F. Livermore Corp. v. Aktiengesells-chaft Gebruder Loepfe, 432 F.2d 689, 691 (D.C.Cir.1970), the court determined that a default judgment was warranted “lest Mr. Ruplinger’s right in this suit remain tenuous.” Default Order at 2. Dr. Rains’ request for a new trial was denied.

After entering the default judgment against Dr. Rains, the district court held a hearing on damages at which it determined that Dr. Rains was liable to Mr. Ruplinger in a total amount of $950,000.00. Because the court further found that Dr. Rains’ conduct was “a wilful and intentional inflietion of injury to the plaintiff’s property,” it ruled that the judgment was nondischargeable in bankruptcy under 11 U.S.C. § 523(a)(6). Rains v. Ruplinger, No. CIV-89-777-A, Order at 5 (W.D.Okla., Dec. 12, 1990). It is from this order that Dr. Rains appeals. [2]

Dr. Rains argues that the court “lacked the authority” to enter default judgment on the full amount of liability for failure to comply with the terms of the settlement agreement. A court’s determination to enter default judgment is reviewed for abuse of discretion. National Hockey League v. Metropolitan Hockey Club, Inc., 427 U.S. 639, 642, 96 S.Ct. 2778, 2780, 49 L.Ed.2d 747 (1976); Ikerd v. Lacy, 852 F.2d 1256, 1258 (10th Cir.1988). Abuse of discretion will be found only if the reviewing court has “a definite and firm conviction that the court below committed a clear error of judgment in the conclusion it reached upon a weighing of the relevant factors.” United States v. Sumitomo Marine & Fire Ins. Co., 617 F.2d 1365, 1369 (9th Cir.1980). The district court’s dismissal will be viewed in the totality of the circumstances, Toma v. City of Weatherford, 846 F.2d 58, 61 (10th Cir.1988), and “considerable deference is given the trial judge’s determination regarding the default judgment since he is the person most familiar with the circumstances of the case and, thus, is in the best position to evaluate the good faith and credibility of the parties at the hearings.” Nikwei v. Ross Sch. of Aviation, Inc., 822 F.2d 939, 941 (10th Cir.1987).

Default judgments are a harsh sanction. M.E.N. Co. v. Control Fluidics, Inc., 834 F.2d 869, 872 (10th Cir.1987).

[Sjtrong policies favor resolution of disputes on their merits: “[T]he default judgment must normally be viewed as available only when the adversary process has been halted because of an essentially unresponsive party. In that in[*733] stance, the diligent party must be protected lest he be faced with interminable delay and continued uncertainty as to his rights. The default judgment remedy serves as such a protection.”

H.F. Livermore, 432 F.2d at 691, quoted in Cessna Fin. Corp. v. Bielenberg Masonry Contracting, Inc., 715 F.2d 1442, 1444 (10th Cir.1983).

We do not favor default judgments because the court’s power is used to enter and enforce judgments regardless of the merits of the case, purely as a penalty for delays in filing or other procedural error. However, a workable system of justice requires that litigants not be free to appear at their pleasure. We therefore must hold parties and their attorneys to a reasonably high standard of diligence in observing the courts’ rules of procedure. The threat of judgment by default serves as an incentive to meet this standard.

Cessna Fin. Corp., 715 F.2d at 1444-45 (citations omitted); see also Gomes v. Williams, 420 F.2d 1364, 1366 (10th Cir.1970).

Although a default judgment is an appropriate sanction in some instances, without more elaboration from the district court we cannot say that it acted here within its discretion. We note the case of M.E.N. Co., 834 F.2d 869, in which the district court refused to set aside the defendants’ default after the defendants failed to provide discovery or appear for noticed and court ordered depositions, failed to file a pretrial memorandum and refused to pay sanctions to the plaintiffs. On appeal, this court held that because default is such a harsh sanction, due process requires that failure to comply with court orders or failure to effect discovery must be the result of “ ‘willfulness, bad faith, or [some] fault of petitioner.’ ” Id. at 872 (quoting National Hockey League, 427 U.S. at 640, 96 S.Ct. at 2779); see also Toma, 846 F.2d at 60. [3] Because the district court in M.E.N. Co. had made no findings regarding either the defendants’ personal fault or whether their conduct amounted to willful noncompliance, the case was remanded. M.E.N. Co., 834 F.2d at 873-74. The closest the district court in this case came to making a finding of willfulness on the part of Dr. Rains was its observation that he “offered no excuse for his failure to comply with the settlement agreement.” Default Order at 2. This finding is not the equivalent of a finding of willful noncompliance and thus does not meet the due process standard required to justify a default. [4]

Because default judgment deprives a litigant of his or her day in court, it is appropriate “ ‘only where a lesser sanction would not serve the interest of justice.’ ” Meade v. Grubbs, 841 F.2d 1512, 1520 (10th Cir.1988) (quoting Cohen v. Carnival Cruise Lines, Inc., 782 F.2d 923, 925 (11th Cir.1986)). In order to assure that the appropriate level of punishment has been administered, the appellate court needs a statement or recitation from the district court “as to why the particular circumstances demonstrated a need for the sanctions imposed. The ‘why’ the particular sanction was imposed is, of course, related to the selection of the person against whom it is to be imposed and the choice of appropriate sanctions. Any choice includes monetary sanctions.” Russell v. Weicker Moving & Storage Co. (In re Russell), 746 F.2d 1419, 1420 (10th Cir.1984); see also Meade, 841 F.2d at 1520 n. 7 (citing cases requiring consideration of less drastic alternatives). There is no indication in the record that the[*734] district court considered any sanction short of default for the defendant’s delay in executing the settlement agreement.

Because we are unable to conclude on this record that no abuse of discretion has occurred, we reverse the judgment and remand this case to the district court for entry of findings regarding Dr. Rains’ willfulness, bad faith or other fault in failing to execute the settlement agreement and for findings regarding the possible appropriateness of lesser sanctions. In arriving at a determination regarding a possible lesser sanction, the district court may consider whether Dr. Rains can demonstrate a meritorious defense to the underlying claim, see Greenwood Explorations, Ltd. v. Merit Gas & Oil Corp., 837 F.2d 423, 427 (10th Cir.1988); Cessna Fin. Corp., 715 F.2d at 1445; Gomes, 420 F.2d at 1366, such that the default judgment should be set aside, some other sanction imposed, and the case returned to the court’s trial docket. Our disposition of this case makes it unnecessary for us to address Dr. Rains' other issues on appeal.

The judgment of the district court for the Western District of Oklahoma is REVERSED and REMANDED for proceedings consistent with this opinion.

1

. Mr. Ruplinger's motion had requested either enforcement of the settlement agreement or entry of default.

2

. 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 case is therefore ordered submitted without oral argument.

3

. It should be noted that Dr. Rains did not disobey a court order, miss a pleading deadline or obstruct the discovery process. If willfulness is required for these overt breaches of the established rules of litigation, the standard of culpability for failing to fully cooperate in the settlement process should be at least as high.

4

. Mr. Ruplinger's motion for enforcement of the agreement or for default averred that Dr. Rains did not intend to affect settlement and willfully ignored his duties under the agreement. Appellant's Appendix at 28. Mr. Ruplinger argues that because Dr. Rains failed to respond to this motion, the allegations contained therein are confessed. While this is so in a technical sense, such a constructive admission by the defendant is not the same as a finding by the court of the requisite willfulness.