McGowan

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7

NORTHERN DISTRICT OF CALIFORNIA

8

9

10 NEIL MCGOWAN, No. C 23-cv-04291-WHA 11 Plaintiff,

12 v.

ORDER TO COMPEL

ARBITRATION

13 NETAPP, INC., A DELAWARE

CORPORATION, HENRI RICHARD,

14 ELIZABETH O’CALLAHAN, DEBRA

MCCOWAN, CESAR CERUNDA,

15 RICHARD SCURFIELD, MAXWELL LONG, ROSALIND HILL, and DOES 1 16 through 50, 17 Defendants.

18 In this RICO and FEHA action, this order GRANTS defendants’ motion to compel 19 20 arbitration. The 2023 arbitration agreement delegates this matter to an arbitrator. This order 21 hereby STAYS this action pending arbitration. 22 Plaintiff Neil McGowan was a Vice President and General Manager of Sales for 23 defendant NetApp, Inc., a company which provides data and cloud-storage services and 24 management. In this case, plaintiff is suing for his commissions set by an annual agreement 25 which is referred to by counsel as a goal sheet and an incentive commission plan. Plaintiff is 26 expressly suing under this contract. It is this very contract sued on that has an arbitration 27 Aside from fiscal year 2019 (for…