netapp8k.htm
 



 
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
  
 

  
FORM 8-K
  
CURRENT REPORT
Pursuant to Section 13 or 15(d) of
the Securities Exchange Act of 1934
  
Date of Report (date of earliest event reported):  November 18, 2009
  

  
NetApp, Inc.
(Exact name of Registrant as specified in its charter)
  
Delaware
 
0-27130
 
77-0307520
(State or other jurisdiction of
incorporation or organization)
 
(Commission
File Number)
 
(I.R.S. Employer
Identification Number)
  
495 East Java Drive
Sunnyvale, CA 94089
(Address of principal executive offices) (Zip Code)
  
(408) 822-6000
(Registrant’s telephone number, including area code)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

[  ]   Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

[  ]   Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

[  ]   Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

[  ]   Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

  
 

 
 

 


 
  
Item 2.02.  Results of Operations and Financial Condition
 
On November 18, 2009, NetApp, Inc. (the “Company”) issued a press release announcing its earnings for the second quarter ended October 30, 2009. The press release is furnished as Exhibit 99.1 to this Current Report on Form 8-K. The information set forth on Exhibit 99.1 shall not be deemed to be “filed” for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liabilities of that Section, nor shall it be deemed incorporated by reference into any filing under the Securities Act of 1933, as amended (the “Securities Act”), or the Exchange Act, except as shall be expressly set forth by specific reference in such a filing.

Item 9.01 Financial Statements and Exhibits

(d) Exhibits.

NetApp, Inc.’s November 18, 2009 press release is hereby furnished as Exhibit 99.1 to this Form 8-K in connection with the disclosures under Item 2.02 of this Form 8-K.
    
 
 

 
 
  
SIGNATURES
  
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.
  
 
 
November 18, 2009 By:                /s/    Steven Gomo 
                                                                                            
                              Steven J. Gomo
                        Chief Financial Officer
 
 
 
 
 


 

 
Index to Exhibits
 
 
 Exhibit  Description
                                      
       99.1 Press release of NetApp, Inc. issued on November 18, 2009