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WARMENHOVEN v. NETAPP, INC.

No. 19-16960.

13 F.4th 717 (2021)

Daniel WARMENHOVEN, Plaintiff-Appellant, v. NETAPP, INC.; NetApp Executive Medical Retirement Plan, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 13, 2021.

Attorney(s) appearing for the Case

J. Phillip Martin (argued) and Eric C. Kastner , Kastner Kim LLP, Mountain View, California; Robert L. Rusky , San Francisco, California; for Plaintiff-Appellant.

Laurie J. Hepler (argued), Greines Martin Stein & Richland LLP, San Francisco, California; Clarissa A. Kang and Angel L. Garrett , Trucker Huss, San Francisco, California; for Defendants-Appellees.

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

OPINION

In 2005, NetApp, Inc. created the NetApp Executive Medical Retirement Plan, an employee welfare benefit plan governed by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1461, to provide health insurance benefits...

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