It is my understanding that Judge Ware, in his First Claim Constructin order, ordered the parties to make a decision about the Magistrate Judge (Grewal) by June 29 which was supposed to be addressed in their Joint Statement. In the submitted joint statement it says that only TPL and Acer consent to the Magistrate Judge whereas Barco and HTC haven't made a final determination.

Will Judge Ware stand for this? He asked for a decision and they (Plt) tell him they expect to have a decision soon. Or will the wording underlined below be taken by Judge Ware to mean they have made a decision which is to wait for reassignment of the case.

From the First Claim Construction Order:

The Court has construed the phrases and terms tendered for construction.

On or before June 29, 2012, the parties shall meet and confer and file a Joint Statement

addressing the following issues:

(1) A proposed schedule for supplemental briefs consistent with the terms of this Order;

(2) In light of the Court’s impending retirement,43 the Court proposes to assign this case

to Magistrate Judge Grewal. In their Statement, the parties shall state whether they

jointly consent to having this case immediately reassigned to Judge Grewal. In the

event the parties do not consent to the immediate reassignment, the case will remain

with Judge Ware and be subject to reassignment in due course.

http://photos.imageevent.com/banos/t3/First%20Claim%20Const%20Order%206%2012%2012.pdf

From the Joint Statement:

Plaintiffs also propose that the briefing schedule be deferred until the reassignment of this matter from Chief Judge Ware so these matters can be taken up by the assignee judge who would preside over any subsequent hearings or trial. In the alternative, if the Court is inclined to enter a schedule at this time, Plaintiffs propose that each side submit its expert declarations by July 20, 2012 addressing the two issues in the Order; that depositions of technical experts be completed by August 3, 2012; and that opening and opposing briefs be filed simultaneously by Plaintiffs and TPL by August 10 and August 17, 2012, respectively.

Defendants agree to the proposed briefing schedule.

II. CONSENT TOMAGISTRATE JUDGE GREWAL

At this time, not all parties have agreed to consent to Magistrate Judge Grewal for further proceedings. Acer and TPL are agreeable to Magistrate Judge Grewal. Barco and HTC have not yet made a final determination but expect to have a decision soon.

http://photos.imageevent.com/banos/t37212/JOINT%20STATEMENT%20FOLLOWING%20FIRST%20CLAIM%20CONSTRUCTION%20ORDER%20OF%20JUNE%2012_%202012.pdf

(emphases by me)