Aguirre, et al v. SBC Comm Inc, et al, No. 08-20042 (5th Cir. 2008)

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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED November 6, 2008 No. 08-20042 Charles R. Fulbruge III Clerk YOLANDA M AGUIRRE; ANA M MORRIS; CORINA RAMOS; ROSE URDIALEZ; OLGA ZERTUCHE; ALEJANDRA S AMIE; NARA DELEON; SYLVIA DIAHNN SANCHEZ Plaintiffs-Appellants v. SBC COMMUNICATIONS INC; SOUTHWESTERN BELL TELEPHONE CO; SOUTHWESTERN BELL TELEPHONE LP Defendants-Appellees Appeal from the United States District Court for the Southern District of Texas USDC No. 4:05-cv-03198 Before REAVLEY, CLEMENT, and PRADO, Circuit Judges. PER CURIAM:* The issue in this appeal is whether the district court properly granted summary judgment to Defendant-Appellee Southwestern Bell Telephone L.P. ( SWB ) after concluding that Plaintiffs-Appellants Yolanda Aguirre, Ana Morris, Corina Ramos, Rose Urdialez, Olga Zertuche, Alejandra S. Amie, Nara Deleon, and Sylvia Diahnn Sanchez ( Sanchez ) (collectively Plaintiffs ) were * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 08-20042 exempt from the overtime provisions of the Fair Labor Standards Act, 29 U.S.C. §§ 201 219, because they were executives under 29 C.F.R. § 541.100(a). Plaintiffs also appeal the district court s denial of their motion to reconsider. Finally, Plaintiffs assert that the district court erred in granting summary judgment in favor of SWB on Plaintiff Sanchez s retaliation claim. We affirm the judgment of the district court for the reasons stated in the district court s thorough memorandum and order dated September 30, 2007, granting SWB s motion for summary judgment, and its memorandum and opinion dated December 20, 2007, denying Plaintiffs motion for reconsideration. AFFIRMED. 2

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