One hundred thirty thousand dollars is what the city is seeking in damages, and as of today, a judge is not throwing out the case.

Federal judge Virginia M. Kendall denied Jussie Smollett’s motion to dismiss the city’s lawsuit that would recoup costs from the investigation into the alleged racist and homophobic attack against him in January.

Kendall said in the brief hearing that it was not unreasonable for the Chicago Police Department to investigate the case, and to spend time and money to investigate it.

Smollett was not present today at the courthouse — however his legal team is not disappointed with today’s decision.

Moving forward Jussie’s lawyer William Quinlan says they are going to take depositions under oath to find out what happened, getting people to say on the record what they saw and what they know.

The case will be referred to a magistrate judge on November 1st and will be revisited in court after the discovery deadline of February 1st.