Retail Wholesale Department Store Union Local 338 Retirement Fund v. Stitch Fix, Inc.

I. BACKGROUND

22 Defendant Stitch Fix “sells a range of apparel, shoes, and accessories through its website 23 and mobile application.” Dkt. No. 1 (“Compl.”) ¶ 2. Plaintiffs allege that Stitch Fix originally 24

25 1 “Local 338 Funds” refers to the following group of funds: Retail Wholesale Department Store Union (“RWDSU”) Local 338 Retirement Fund, RWDSU Local 338 Health & Welfare Fund, 26 RWDSU Local 338 General Fund, and RWDSU Local 338 Benefits Trust Fund. See Dkt. No. 26 (“Local 338 Mot.”) at 1. 27 2 Mr. Dax Billcheck also filed a motion for appointment of lead plaintiff and lead counsel, Dkt. 1 “sold products as a ‘Fix’ box, through which the customer would receive a monthly box of items 2 chosen by a personal stylist.” Id. The complaint further alleges that in late 2020, “Stitch Fix 3 launched the ‘Freestyle’ program—a new, direct buy program where customers could choose from 4 the outset which items to purchase.” Id. ¶ 3. According to Plaintiffs, “[t]hroughout the Class 5 Period, Stitch Fix touted that the two programs were synergistic, and repeatedly denied claims that 6 the Freestyle program could cannibalize its legacy Fix business.” Id. 7 …