McGowan

INTRODUCTION

15 In this RICO and FEHA action, this order finds that the arbitration agreement between 16 plaintiff and defendants requires plaintiff to initiate arbitration. 17 STATEMENT Defendant NetApp, Inc., a company which provides data and cloud-storage services and management, hired plaintiff Neil McGowan as a Vice President and General Manager of Sales. 21 Plaintiff was a commission-earning employee and each year, NetApp issued an incentive 22 compensation plan and a goals sheet (Dkt. No. 15 at 8–9). The goals sheet governed plaintiff’s 23 salary and commission for each fiscal year. Plaintiff, as well as all other commission-sales 24 employees (known as “participants” under the commission plan) were required to accept their 25 goal sheet and that year’s commission plan (Dkt. No. 15 at 9). The commission plan provided two methods for resolving disputes between a participant and NetApp: (1) internal dispute Plaintiff was terminated in August 2022. Plaintiff filed suit against NetApp in August 1 2023, asserting claims that arise out of the compensation plan which, according to plaintiff, allowed NetApp…