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UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
 
 
 
 
Form 10-Q/A
(Amendment No. 1)
 
     
(Mark One)    
þ
  QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
    For the quarterly period ended July 30, 2010
OR
o
  TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
    For the transition period from          to          
 
Commission file number 0-27130
 
NetApp, Inc.
(Exact name of registrant as specified in its charter)
 
     
Delaware
  77-0307520
(State or other jurisdiction of
incorporation or organization) 		  (IRS Employer
Identification No.)
 
495 East Java Drive,
Sunnyvale, California 94089
(Address of principal executive offices, including zip code)
 
Registrant’s telephone number, including area code:
(408) 822-6000
 
Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days.  Yes þ     No o
 
Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (§ 232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files).  Yes þ     No o
 
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company. See the definitions of “large accelerated filer,” “accelerated filer” and “smaller reporting company” in Rule 12b-2 of the Exchange Act. (Check one):
 
             
Large accelerated filer þ
  Accelerated filer o   Non-accelerated filer o   Smaller reporting company o
    (Do not check if a smaller reporting company)  
 
Indicate by check mark whether the registrant is a shell company (a Rule 12b-2 of the Exchange Act).  Yes o     No þ
 
Indicate the number of shares outstanding of each of the issuer’s classes of common stock, as of the latest practicable date.
 
     
Class   Outstanding at August 13, 2010
 
Common Stock
  357,081,286
 

 

Explanatory Note
 
This Form 10-Q/A amends the Quarterly Report on Form 10-Q of NetApp, Inc. for the quarter ended July 30, 2010 filed on August 27, 2010 (the “Form 10-Q”) for the sole purpose of furnishing the Interactive Data File as Exhibit 101 in accordance with Rule 405(a)(2) of Regulation S-T.
 
No other changes have been made to the Form 10-Q. This Form 10-Q/A speaks as of the original filing date of the Form 10-Q, does not reflect events that may have occurred subsequent to the original filing date, and does not modify or update in any way disclosures made in the Form 10-Q.
 
XBRL information is furnished and not filed or part of a registration statement or prospectus for purposes of sections 11 or 12 of the Securities Act of 1933, is deemed not filed for purposes of section 18 of the Securities and Exchange Act of 1934, and is not otherwise subject to liability under those sections.
 
PART II — OTHER INFORMATION
 
Item 6.   Exhibits
 
See the Exhibit Index immediately following the signature page of this Quarterly Report on Form 10-Q/A

 

 
SIGNATURE
 
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
 
NETAPP, INC.
(Registrant)
 
/s/  STEVEN J. GOMO
Steven J. Gomo
Executive Vice President of Finance and
Chief Financial Officer
 
Date: September 13, 2010

 

EXHIBIT INDEX
 
         
Exhibit No   Description
 
  3 .1(1)   Certificate of Incorporation of the Company, as amended.
  3 .2(2)   Bylaws of the Company.
  10 .1(3)   Bycast Inc. 2010 Equity Incentive Plan.
  10 .2(3)   Incentive Stock Option Plan of Bycast Inc.
  31 .1(4)   Certification of the Chief Executive Officer pursuant to Section 302(a) of the Sarbanes-Oxley Act of 2002.
  31 .2(4)   Certification of the Chief Financial Officer pursuant to Section 302(a) of the Sarbanes-Oxley Act of 2002.
  32 .1(4)   Certification of Chief Executive Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002.
  32 .2(4)   Certification of Chief Financial Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002.
  101 .INS   XBRL Instance Document
  101 .SCH   XBRL Taxonomy Extension Schema Document
  101 .DEF   XBRL Taxonomy Extension Definition Linkbase Document
  101 .CAL   XBRL Taxonomy Calculation Linkbase Document
  101 .LAB   XBRL Taxonomy Label Linkbase Document
  101 .PRE   XBRL Taxonomy Extension Presentation Linkbase Document
 
 
(1) Previously filed as an exhibit to the Company’s Annual Report on Form 10-K dated June 24, 2008.
 
(2) Previously filed as an exhibit to the Company’s Quarterly Report on Form 10-Q dated March 1, 2010.
 
(3) Previously filed as an exhibit to the Company’s S-8 registration statement dated June 18, 2010.
 
(4) Previously filed as an exhibit to the Company’s Quarterly Report on Form 10-Q dated August 27, 2010.