The ongoing lawsuit over Nirvana’s Nevermind album cover has now been dismissed. According to Loudwire, Spencer Elden, the now 30-year-old man photographed for the album cover when he was a baby, missed a deadline to file an opposition in the case. A judge officially dismissed the case on Monday, January 3.
Elden had until December 30 to refile after Nirvana members their related business partners sought a dismissal two weeks ago. They said Elden had spent the last three decades profiting from being the “Nirvana Baby” and that the suit was past the statute of limitations.
The dismissal is now at “with leave to amend.” In other words, Elden has another chance to refile an amended complaint against Nirvana with a new deadline of Jan. 13. He would have to argue against the alleged “defects” in the defendants’ motion to dismiss, such as the claim that the suit is time-barred. If he misses the new deadline, the suit can’t continue.
“Plaintiff is cautioned that failure to timely file a second amended complaint shall result in this action being dismissed without prejudice for failure to prosecute and/or failure to comply.”
In August, Elden sued the surviving members of Nirvana for child sexual exploitation, claiming the image of him on the cover amounted to child pornography. He sought “damages arising out of each of the Defendant’s violations of federal criminal child pornography statutes.”