USCA Case #14-5004 Document #1570210 Filed: 08/28/2015 2 continue to search Plaintiffs’ phone records . . . without reasonable suspicion or probable cause.” Third Amended Complaint at ¶ 53, Klayman I, 957 F. Supp. 2d 1. Plaintiffs have supported this claim with specific facts, notably: (1) The NSA operates a bulk telephony-metadata collection program; and (2) on April 25, 2013, the FISC issued an order requiring Verizon Business Network Services to produce its subscribers’ call detail records to the NSA on a daily basis from April 25, 2013 to July 19, 2013. However, plaintiffs are Verizon Wireless subscribers and not Verizon Business Network Services subscribers. Thus, the facts marshaled by plaintiffs do not fully establish that their own metadata was ever collected. In his opinion below, Judge Leon eloquently explains how these facts are nonetheless sufficient to draw the inference that “the NSA has collected and analyzed [plaintiffs’] telephony metadata and will continue to operate the program consistent with FISC opinions and orders.” Klayman v. Obama, 957 F. Supp. 2d 1, 29 (D.D.C. 2013). In particular, Judge Leon infers from the government’s efforts to “create a comprehensive metadata database” that “the NSA must have collected metadata from Verizon Wireless, the single largest wireless carrier in the United States, as well as AT&T and Sprint, the second[-] and third-largest carriers.” Id. at 27. As Judge Leon’s opinion makes plain, plaintiffs have set forth significant evidence about the NSA’s bulk-telephony metadata program. As a result, this case is readily distinguishable from cases like Tooley v. Napolitano, 586 F.3d 1006 (D.C. Cir. 2009), in which allegations of unlawful surveillance were dismissed as “patently insubstantial.” Id. at 1009–10 (concluding that the governmental surveillance scheme described in plaintiff’s allegations was “not Page 7 of 21