Daniel Warmenhoven v. Netapp, Inc.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DANIEL WARMENHOVEN, No. 19-16960 Plaintiff-Appellant, D.C. No. v. 5:17-cv-02990-

BLF

NETAPP, INC.; NETAPP EXECUTIVE

MEDICAL RETIREMENT PLAN,

Defendants-Appellees. OPINION

Appeal from the United States District Court for the Northern District of California Beth Labson Freeman, District Judge, Presiding

Argued and Submitted February 10, 2021 San Francisco, California

Filed September 13, 2021

Before: Morgan Christen and Bridget S. Bade, Circuit Judges, and Gary Feinerman, * District Judge.

Opinion by Judge Feinerman

* The Honorable Gary Feinerman, United States District Judge for the Northern District of Illinois, sitting by designation. SUMMARY **

ERISA

The panel affirmed in part and vacated in part the district court’s summary judgment in favor of defendants on retired executives’ claims that termination of the NetApp Executive Medical Retirement Plan violated ERISA because they had been promised lifetime benefits.

Only one plaintiff appealed. The panel affirmed the district court’s judgment as to…