Wiegardt

I. FACTUAL AND PROCEDURAL BACKGROUND

The Wiegardts filed a complaint against Cutting Edge for breach of contract and other related claims, on May 15, 2023. In the complaint, the Wiegardts asserted Cutting Edge refused to return a deposit they paid on a factory-built home, despite the subsequent discovery that it would be impossible to deliver the home to the intended site. The Wiegardts served the summons on an authorized agent for Cutting Edge on August 1, 2023. The answer, or other responsive pleading, was due on September 10, 2023. On or about August 22, 2023, attorney William L. Miltner contacted the Wiegardts’ attorney, Joe J. Villaseñor, and explained that he was in discussions to represent Cutting Edge in the litigation. Villaseñor offered Miltner a two-week extension to respond to the complaint. On November 9, 2023, Miltner contacted Villaseñor again and confirmed that he was representing Cutting Edge. Miltner said he was “exploring” potential arbitration proceedings, and that Cutting Edge would file a responsive pleading by November 17, 2023. The underlying contract contained a provision stating any claim not settled after mediation “shall be settled by arbitration…