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Discovery disputes and a contested deposition stall progress in negligent‑security case
Summary
Plaintiffs and defendants in the negligent‑security case involving an alleged shooting discussed rolling email productions, completion of a privilege log, scheduling order deadlines and a contested deposition in which a witness repeatedly asserted the Fifth Amendment; the judge requested a date‑certain supplementation and said she would consult staff about handling the deposition dispute.
At a status conference in Clayton County State Court, plaintiff counsel Michael Smith told the court that defendants had produced multiple rolling email productions and an updated privilege log but had not formally supplemented the record on the record to confirm completion. Defense counsel said the parties had cooperated and agreed to clarify privilege log entries; the judge asked the defense to make a formal statement on the record when production is complete and to provide a date certain for completing the privilege log so discovery can proceed to depositions and expert disclosures.
Counsel agreed to propose a detailed scheduling order capturing remaining discovery phases, depositions, expert disclosure deadlines and briefing dates for motions in limine. The court emphasized the parties should build time into the schedule for substantial ESI review given a narrow temporal window (March 2021 through October 2022) but high email volume.
Separately, parties raised a dispute about the deposition of a witness, Nikira Shaw, who repeatedly invoked the Fifth Amendment during a deposition. Defense counsel and plaintiff counsel debated whether the court should review the deposition transcript to determine which specific questions could permissibly be the subject of a Fifth Amendment assertion. The court said it would consult with its staff attorney and may ask counsel to appear or proceed via Zoom to resolve how to approach contested Fifth Amendment invocations prior to trial to avoid jury confusion.
Why it matters: The outcome of privilege‑log supplementation and any court rulings about the Nikira Shaw deposition may affect whether key testimony is available at trial and the timing of dispositive motions.
What happens next: The parties will submit a proposed scheduling order within two weeks; defense counsel will confirm on the record when email production and the privilege log are complete. The court will consult staff about the deposition dispute and notify parties about next steps.
