USCA Case #14-5004 Document #1570210 Filed: 08/28/2015 BROWN, Circuit Judge: I disagree with the district court’s conclusion that plaintiffs have established a “substantial likelihood of success on the merits.” See, e.g., Sottera, Inc. v. Food & Drug Admin., 627 F.3d 891, 893 (D.C. Cir. 2010). I write separately to emphasize that, while plaintiffs have demonstrated it is only possible—not substantially likely—that their own call records were collected as part of the bulk-telephony metadata program, plaintiffs have nonetheless met the bare requirements of standing. Accordingly, I join the court in vacating the preliminary injunction entered by the district court. In order to establish his standing to sue, a plaintiff must show he has suffered a “concrete and particularized” injury. Lujan v. Defenders of Wildlife, 504 U.S.555, 560–61 (1992). In other words, plaintiffs here must show their own metadata was collected by the government. See, e.g., Clapper v. Amnesty International, 133 S. Ct. 1138, 1148 (2013) (“[R]espondents fail to offer any evidence that their communications have been monitored under § 1881a, a failure that substantially undermines their standing theory.”); ACLU v. NSA, 493 F.3d 644, 655 (6th Cir. 2007) (“If, for instance, a plaintiff could demonstrate that her privacy had actually been breached (i.e., that her communications had actually been wiretapped), then she would have standing to assert a Fourth Amendment cause of action for breach of privacy.”); Halkin v. Helms, 690 F.2d 977, 999–1000 (D.C. Cir. 1982) (“[T]he absence of proof of actual acquisition of appellants’ communications is fatal to their watchlisting claims.”). The record, as it stands in the very early stages of this litigation, leaves some doubt about whether plaintiffs’ own metadata was ever collected. Plaintiffs’ central allegation is that defendants “violated the Fourth Amendment to the U.S. Constitution when they unreasonably searched and seized and Page 6 of 21