[DO NOT PUBLISH]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