Today, Judge Spencer was clearly disturbed by two requests from the prosecutor.

By catering to one minority group, he charged, Judge Spencer was short-changing another.

At a hearing this afternoon, Judge Spencer said he would try to decide by Monday what to do.

It will ultimately be up to Judge Spencer to decide whether to proceed or not.

At the hearing, Judge Spencer chided the companies for not being able to settle the dispute.

That diversity was achieved, however, only with assistance from Judge Spencer.

"The court finds that the two parties do not have a valid and enforceable settlement agreement," Judge Spencer wrote.

The decision was reached without a hearing, and the reasons for Judge Spencer's order were sealed.

Wednesday was the final day for submissions in advance of Judge Spencer's hearing.

We know that, at this very time, an American judge, Judge Spencer, is about to take a final decision.