Shell Malbranche v. Art Hall Protection Svcs., Inc, No. 07-10376 (11th Cir. 2007)
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT __________________________________ DECEMBER 7, 2007 THOMAS K. KAHN No. 07-10376 CLERK Non-Argument Calendar __________________________________ D. C. Docket No. 03-22726-CV-JLK SHELL MALBRANCHE, EDDY GEDEON, Plaintiffs-Appellants, versus ART HALL PROTECTION SERVICES, INC., ARTHUR HALL, Defendants-Appellees. _________________________________ Appeal from the United States District Court for the Southern District of Florida __________________________________ (December 7, 2007) Before TJOFLAT, BIRCH and DUBINA, Circuit Judges. PER CURIAM: The district court, in an order entered on December 20, 2006, granted defendants motion for summary judgment, thus dismissing plaintiffs claims for overtime compensation under the Fair Labor Standards Act. Plaintiffs now appeal, contending that the existence of genuine issues of material fact precluded summary judgment. They also contend that the court erred in granting summary judgment on the basis of accord and satisfaction, a defense not pled in defendants answer or preserved by the pretrial order. The district court stated in its December 20 order that, given its summary disposition of plaintiffs claims, it is unnecessary for this Court to address Accord and Satisfaction. Plaintiffs argument that the court based its order on such defense therefore fails. As for the existence of material facts precluding summary judgment, we find none for the reasons stated by the district court in its December 20 order. AFFIRMED. 2
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