Gomo

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

EDWARD DEENIHAN, DANIEL

WARMENHOVEN, ROBERT SALMON, TOM GERSTENBERGER, and TOM ORDER DENYING DEFENDANT GEORGENS, NETAPP, INC.’S MOTION FOR

SUMMARY JUDGMENT

Plaintiffs, [Re: ECF 130] v.

NETAPP, INC., a Delaware Corporation, and NETAPP, INC. EXECUTIVE RETIREE HEALTH PLAN, Defendants.

17 Defendant NetApp, Inc. seeks summary judgment on Plaintiff Daniel Warmenhoven’s claim for breach of fiduciary duty in violation of the Employee Retirement Income Security Act of 1974 (“ERISA”). The motion is DENIED for the reasons discussed below. I. BACKGROUND The Plan This suit arises from NetApp’s termination of its Executive Medical Retirement Plan (“the Plan”), an employee welfare benefit plan governed by ERISA. See Compl., ECF 1. The Plan was created at the direction of NetApp’s CEO, Warmenhoven. See…