Furthermore, EWSO's support for this argument is based on case law that is either factually or legally inapposite, or both. See Davis v. Skylink Ltd., No. 3:11-0094, 2012 U.S. Dist. LEXIS 96766 (S.D. W.Va. July 12, 2012) (motion for summary judgment; no claim for travel that keeps employee away from home overnight); Roman v. Tyco Simplex Grinnell, No. 8:16-cv-3449-T-33AEP, 2017 U.S. Dist. LEXIS 125036 (M.D. Fla. Aug. 8, 2017) (motion to dismiss; no claim for travel that keeps employee away from home overnight); Johnson v. RGIS Inventory Specialists, 554 F.Supp.2d 693 (E.D. Tex. 2007) (motion for summary judgment; no claim for travel that keeps employee away from home overnight); Ricard v. KBK Servs., No. 15-cv-299-jdp, 2016 U.S. Dist. LEXIS 120483 (W.D. Wis. Sep. 7, 2016) (motion for summary judgment; claim for extended travel, but not for travel requiring employee to stay overnight away from home); Little v. Tech. Specialty Prducts, LLC, 940 F.Supp.2d 460 (E.D. Tex. 2013) (motion for summary judgment; claim involved alleged travel keeping employee away from home overnight, but defendant's
d at ¶ 54. In late 2011 to 2012, Skylink was an HSP in DirecTV's provider network facing potential liability for wage and hour violations, See Scruggs v. Skylink, 2011 WL 6026152 (S.D. W. Va. Dec. 2, 2011); Davis v. Skylink, 2012 WL 2872884 (S.D. W. Va. July, 2012). In September 2012, DirectSat acquired Skylink via an asset purchase agreement, effectively leaving Skylink an empty husk unable to provide relief to potential plaintiffs.