Just to update everyone on my airpod journey. I talked with the apple tech at 7pm yesterday evening about the replacement airpods having the same firmware issue as the first one sent out. She was pleasant and spent one hour having me do a number of things I knew would not work (note: I did not know I could be asked to elevate to a senior adviser). She is sending my info on someone else and scheduled a call back with me tomorrow night. I will let you know what they say after I talk to her tomorrow. It seems like getting everything in one case (retail style) is the only way to guarantee not having mismatched airpods.
Further, I don't even know that waiting for 2D3 to release formally will fix the issue, since I don't know if the firmware will update will only one airpod present.