RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

NINA Y. WANG, Magistrate Judge.

This matter is before the undersigned Magistrate Judge pursuant to the Order of Reference dated May 11, 2018, [#4], and Plaintiff's Response to the Order to Show Cause filed May 24, 2018. [#17]. For the reasons stated below, this court RECOMMENDS that the action be dismissed for lack of subject matter jurisdiction.

On May 24, 2018, this court issued an Order to Show Cause as to why the case should not be dismissed, finding that the Complaint invoked diversity jurisdiction under 28 U.S.C. § 1332, but insufficiently set forth the citizenship of the named parties. Specifically, this court noted that Plaintiff purports to be a citizen of a foreign state, [#1 at ¶ 3],1 but does not identify the citizenship of Defendant Black Diamond International Forest Group LLC. See [id. at ¶ 4].

A federal court must satisfy itself as to its own jurisdiction, and may take sua sponte action to do so. See Citizens Concerned for Separation of Church & State v. City & Cnty. of Denver, 628 F.2d 1289, 1297 (10th Cir. 1980). "The party invoking federal jurisdiction bears the burden of establishing such jurisdiction as a threshold matter." Radil v. Sanborn W. Camps, Inc., 384 F.3d 1220, 1224 (10th Cir. 2004). A court should not proceed having not first assured itself that jurisdiction exists. See Cunningham v. BHP Petroleum Great Britain PLC, 427 F.3d 1238, 1245 (10th Cir. 2005). In the Tenth Circuit, for purposes of determining jurisdiction, a limited liability company ("LLC") is an unincorporated association and takes the citizenship of all its members. Siloam Springs Hotel, L.L.C. v. Century Surety Co., 781 F.3d 1233, 1234 (10th Cir. 2015). See also Management Nominees, Inc. v. Alderney Investments, LLC, 813 F.3d 1321 (10th Cir. 2016) (holding the court must include all of an entity's members "in determining the citizenship of an unincorporated association for purposes of diversity.").

On May 24, 2018, Plaintiff filed a Response to the Order to Show Cause contending that the Parties are diverse and that the court has subject matter jurisdiction over the action. [#14]. However, the Response states that Defendant Black Diamond International Forest Group LLC is comprised of three members, one of whom, Mr. Sergey Sichkar, is a citizen of the Russian Federation. [Id. at 3]. Because an LLC takes the citizenship of all of its members, Siloam Springs Hotel, 781 F.3d at 1234, Defendant Black Diamond International Forest Group LLC is a citizen of a foreign state as a result of Mr. Sichkar's citizenship.2 Accordingly, the Parties in this action are not diverse because Plaintiff is a foreign entity suing another foreign entity. See Grupo Dataflux v. Atlas Global Group, L.P., 541 U.S. 567, 569, 124 S.Ct. 1920, 158 L.Ed.2d 866 (2004) ("complete diversity" was lacking where aliens are on both sides of a case without United States citizens also on both sides). See also Gschwind v. Cessna Aircraft Co., 232 F.3d 1342, 1345-46 (10th Cir. 2000) (analyzing requirements of 28 U.S.C. § 1332(a) and holding court erroneously determined that diversity jurisdiction existed between plaintiff who was Belgian citizen and defendants who were American and Canadian manufacturers); Standard Bank PLC v. Vero Insurance Ltd., No. 08-cv-2127-PAB-KLM, 2009 WL 4730474, at *5 (D. Colo. Dec. 7, 2009) (observing the court lacks jurisdiction over lawsuit where an alien plaintiff sues an alien defendant and a domestic defendant).

CONCLUSION

For the foregoing reasons, this court respectfully RECOMMENDS that this action be DISMISSED for lack of subject matter jurisdiction.3