Bodybuilding brothers say Jussie Smollett’s lawyers are ducking them

The bodybuilding brothers who sued Jussie Smollett’s lawyers for defamation say the actor’s counselors are ducking them, and they want the U.S. Marshals to get involved.

Olabinjo and Abimbola Osundairo filed their federal lawsuit against Mark Geragos, Tina Glandian and the Geragos & Geragos Law Firm one month ago. The same day, April 23, notices and requests for waivers of service went out to all three defendants, according to a motion filed by the brothers’ lawyers Wednesday.

An individual named Steven Davis received a notice April 26 at the law firm’s office in Los Angeles, according to the motion filed by attorney James Tunick. But the New York office, where Glandian practices, allegedly refused to accept the certified mail “on more than one occasion.”

Meanwhile, Geragos and Glandian have derided the lawsuit as “comical,” a “parody,” and “lawyer driven nonsense,” Tunick’s motion notes. And lawyers on both sides of the case have sent out letters asking that evidence be preserved.

Still, no waivers of service have been signed by Geragos, Glandian or the law firm. And they did not respond to an inquiry May 15, Tunick wrote. Therefore, Tunick has asked that a judge have service performed by a U.S. marshal or deputy marshal.

The issue could make its way into U.S. District Judge Matthew Kennelly’s courtroom May 30.

The Osundairos complain in their lawsuit that Geragos and Glandian accused them of leading “a criminally homophobic, racist and violent attack against Mr. Smollett,” knowing the allegations to be false and “to distract from Mr. Smollett’s farce.”

Smollett reported he was attacked by two men in the early-morning hours of Jan. 29 and that his assailants shouted racist and homophobic insults at the actor, looped a thin rope noose around his neck and poured bleach on him.

Police identified the Osundairos as suspects. After a lengthy interrogation, the brothers said Smollett had paid them to stage the attack. Smollett was charged with 16 felony counts of disorderly conduct, but prosecutors dismissed all charges weeks later in exchange for Smollett forfeiting $10,000 he’d posted as bond.