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Case 1:05-cv-00325-JMS-BMK Document 35 Filed 01/25/2006 Page 6 of 24 <br /> The State of Hawaii has not waived its sovereign immunity. <br /> Although Hawaii has waived its sovereign immunity as to "any contract, expressed <br /> or implied, with the State," Hawaii Revised Statutes (HRS) § 661-1(1) (1993), it <br /> has done so solely with respect to state court actions. See Office of Hawai`ian <br /> Affairs v. Dep't of Educ., 951 F.Supp. 1484, 1491 (D. Haw. 1996) ("[HRS § 661- <br /> 1] does not extend consent to suits in federal court."); see also Fordyce v. City of <br /> Seattle, 55 F.3d 436, 441 (9th Cir. 1995) ("Although [a state] may waive the <br /> protection of the Eleventh Amendment's jurisdictional bar by passing a statute <br /> consenting to be sued, a statute consenting to suit in state court does not constitute <br /> consent to suit in federal court."). Nothing in the language of HRS § 661-1 <br /> suggests that Hawaii intended to subject itself to suit in federal court. Moreover, <br /> the Hawaii legislature has specifically declared that it intended HRS § 661-1 to <br /> extend jurisdiction to state courts but not to federal courts. See 1984 Haw. Sess. <br /> L. Act 135, § 1 at 258 ("The purpose of this Act is to . . . extend jurisdiction to <br /> district courts in tort actions . . . and certain other claims against the State . . . and <br /> not to extend jurisdiction for such actions and claims to federal district courts."); <br /> see also Office of Hawai`ian Affairs, 951 F. Supp. at 1491 (discussing both plain <br /> language and legislative intent and concluding that HRS §§ 661-1 and 662-2, <br /> 6 <br />