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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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