With no explanation, chose the best option from "A", "B", "C" or "D". provision] as [will] leave no room for any other reasonable construction.” ' " Id. (quoting Atascadero State Hosp. v. Scanlon, 473 U.S. 234, 239-40, 105 S.Ct. 3142, 3146, 87 L.Ed.2d 171 (1985) (quoting Edelman v. Jordan, 415 U.S. 651, 673, 94 S.Ct. 1347, 1360-61, 39 L.Ed.2d 662 (1974))). We conclude that the State did not waive its Eleventh Amendment immunity by filing a counterclaim in the circumstances of this case. See Santee Sioux Tribe of Nebraska v. Nebraska, 121 F.3d 427, 431 (8th Cir.1997) ("[T]he Nebraska assistant attorney general’s conduct in answering the complaint and filing a counterclaim does not constitute a waiver of Nebraska’s Eleventh Amendment immunity.”); American Fed’n of State, County and Mun. Employees v. Corrections Dep't, 783 F.Supp. 1320, 1327 (D.N.M.1992) (<HOLDING>); see also National R.R. Passenger Corp. v.

A: holding that utah did not waive its eleventh amendment immunity with respect to a suit brought in federal court because state statute provided for exclusive original jurisdiction in its own courts
B: holding that state did not waive eleventh amendment immunity by removing case to federal court
C: holding that the nyshrl does not waive the new yorks eleventh amendment immunity to suit in federal court
D: holding that a plaintiff waived an argument that the defendant voluntarily waived its eleventh amendment immunity by removing the case from state to federal court by failing to raise it before the district court even though an intervening supreme court decision clarified the law in the plaintiffs favor
B.