A federal judge wants lawyers to decide whether jurors who were not vaccinated against COVID-19 should be excluded from next month’s bellwether trial against Juul Labs, saying earlier this month he’ll “just have everybody come in” if no agreement is reached.

U.S. District Judge William Orrick in the Northern District of California reiterated this in an order Wednesday after lawyers hit an impasse, with the plaintiffs’ side telling him in a letter they preferred a vaccinated jury, but Juul’s defense team is opposed.