Case 9:08-cv-80736-KAM Document 421 Entered on FLSD Docket 08/25/2017 Page 1 of 11 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-80736-CIV-MARRA JANE DOE 1 AND JANE DOE 2, Petitioners, vs. UNITED STATES OF AMERICA, Respondent. GOVERNMENT'S RESPONSE AND OPPOSITION TO PETITIONERS' MOTION FOR FINDING OF WAIVER OF WORK PRODUCT AND SIMILAR PROTECTIONS BY GOVERNMENT AND FOR PRODUCTION OF DOCUMENTS Respondent United States of America, by and through its undersigned counsel, files its Response and Opposition to Petitioners' Motion for Finding of Waiver of Work Product and Similar Protections by Government and for Production of Documents, and state: I. THE GOVERNMENT DID NOT WAIVE ITS CLAIM OF PROTECTION UNDER THE ATTORNEY WORK PRODUCT DOCTRINE Petitioners maintain the Government waived its claim of attorney-client privilege, attorney work product, and other privileges, when it filed its opposition to petitioners' motion for partial summary judgment, and its cross-motion for summary judgment. Specifically, petitioners claim the Declaration of AUSA Villafafia, submitted in support of the government's motion, referred to internal deliberations, thereby effecting a waiver of attorney work product protection. D.E. 414 at 4-9. Petitioners' motion should be denied because they misapprehend the government's argument, supported by AUSA Villafafia's declaration, that the decision not to notify additional victims of the non-prosecution agreement, after three victims were advised of the NPA and its terms, was an exercise of prosecutorial discretion. In 18 U.S.C. EFTA02757921