Item 2.02 Results of Operations and Financial Condition
On May 20, 2009, NetApp, Inc. (the "Company") issued a press release announcing its earnings for the fourth quarter and fiscal year ended April 24, 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.
The Company's Condensed Consolidated Statements of Income for the fourth quarter and fiscal year ended April 24, 2009, Condensed Consolidated Balance Sheets as of April 24, 2009, and Condensed Consolidated Statements of Cash Flow for the fourth quarter and fiscal year ended April 24, 2009, which are contained in the press release in Exhibit 99.1 and are attached as Exhibit 99.2, are filed herewith for purposes of Section 18 of the Exchange Act and therefore may be incorporated by reference into filings under the Securities Act and the Exchange Act.
Item 8.01 Other Information
The disclosure in Item 2.02 of this Current Report on Form 8-K is incorporated hereby by reference.
Item 9.01 Financial Statements and Exhibits
(d) Exhibits. The following exhibits are being filed or furnished herewith:

Exhibit Description 99.1 Press release of NetApp, Inc. issued on May 20, 2009 (furnished herewith). 99.2 Condensed Consolidated Statements of Income, Condensed Consolidated Balance Sheet, and Condensed Consolidated Statements of Cash Flow (filed herewith).

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