Chicago wants Smollett to pay $130,000 to cover police overtime, among other expenses, accusing him of making a false police report.

The status hearing Tuesday is the first since the lawsuit was moved to federal court from state court in July.

A hearing is set in the city of Chicago's effort to recover costs from actor Jussie Smollett after police said his claims of a racist and anti-gay attack were phony and staged. The status hearing Tuesday is the first since the lawsuit was moved to federal court from state court in July. Attorneys for the former "Empire" actor say assertions that Smollett concocted the incident are defamatory. They're asking U.S. District Judge Virginia Kendall to throw out the lawsuit. She'll likely take several weeks to rule on that request.

Somewhat curious is the fact that Smollett's attorneys say the accusation is "defamatory," yet they have filed no lawsuit of their own.

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