Gomo

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 STEVEN GOMO, RICHARD CLIFTON, Case No. 17-cv-02990-BLF

EDWARD DEENIHAN, DANIEL

8 WARMENHOVEN, ROBERT SALMON,

TOM GERSTENBERGER, AND TOM ORDER GRANTING DEFENDANTS’

9 GEORGENS, MOTION FOR SUMMARY

JUDGMENT; AND DENYING

10 Plaintiffs, PLAINTIFFS’ MOTION FOR

SUMMARY JUDGMENT

11 v. [Re: ECF 55, 71] 12 NETAPP, INC., a Delaware Corporation, and NETAPP, INC. EXECUTIVE [REDACTED] 13 RETIREE HEALTH PLAN, 14 Defendants. 15 16 Plaintiffs are former employees of Defendant NetApp, Inc. (“NetApp” or “the company”) 17 who claim that they are entitled to “lifetime” medical benefits under the NetApp, Inc. Executive 18 Retiree Health Plan (“the Plan”), a welfare benefit plan governed by ERISA.1 The Plan was 19 created in 2005 to provide NetApp’s most senior executives with lifetime medical benefits, paid 20 for entirely by the company, upon retirement. In 2016, NetApp amended the Plan, changing it 21 from a…