Can't comment on his retirement date, however, my guess is that he won't be making a decision next week, if he is going to the 9th circuit Maui conference. Good news is, next year's conference has been cancelled, so if the litigation drags on another year, there won't be delays due to another conference. :)
http://www.rollcall.com/news/9th-Circuit-Cancels-2013-Conference-216172-1.html