Gomo

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

EDWARD DEENIHAN, DANIEL

WARMENHOVEN, ROBERT SALMON,

TOM GERSTENBERGER, AND TOM ORDER GRANTING DEFENDANTS’

GEORGENS, MOTION FOR SUMMARY

JUDGMENT; AND DENYING

Plaintiffs, PLAINTIFFS’ MOTION FOR

SUMMARY JUDGMENT

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