Case 9:08-cv-80736-KAM Document 17 Entered on FLSD Docket 07/29/2008 Page 1 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra/Johnson JANE DOES #1 and #2 Petitioners, v. UNITED STATES Respondent. GOVERNMENT'S NOTICE TO COURT REGARDING ABSENCE OF NEED FOR EVIDENTIARY HEARING Respondent United States, by and through its undersigned counsel, files its Notice to Court Regarding Absence of Need for Evidentiary Hearing, and states: 1. At the conclusion of the hearing held on July 11, 2008, the Court asked the parties whether an evidentiary hearing would be necessary. The Government suggested that the parties confer, and determine whether such a hearing should be held. 2. After consideration, the Government believes that an evidentiary hearing is not necessary. The precise issue before the Court is whether the Government was obligated, under 18 U.S.C. § 3771(a)(5), to confer with petitioners prior to entering into an agreement with Jeffrey Epstein, which permitted the pending State of Florida prosecution to go forward, so long as Epstein agreed to certain conditions. 3. The Government believes there are two relevant facts which will permit the Court to resolve the legal issue: (1) there are no criminal charges in the United States District Court, Southern District of Florida, filed against Jeffrey Epstein; and (2) Epstein entered pleas of guilty EFTA00235122