A California judge has (for now) dismissed a lawsuit essentially accusing Nirvana and others of using child pornography to help sell their landmark album, 1991's Nevermind.
Spencer Elden, the man who appeared on the famous cover of Nirvana's Nevermind album as a baby, sued the band (among others) last summer over his participation, citing "child sexual exploitation of him from while he was a minor to the present day."
Elden, now 30, sought $150,000 from each of the 17 defendants in addition to possible punitive damages and attorney's fees.
On December 22, Nirvana and the other defendants filed a motion to dismiss the suit, effectively giving Elden's legal team until December 30 to respond. Elden and company failed to comply.
As such, yesterday, January 3, Judge Fernando M. Olguin dismissed the case "with leave to amend."
"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 with a court order," said the ruling, according to Spin.
Elden and his team now have until January 13 to file a second, amended complaint. If the new deadline is not met, Elden will not have the opportunity to refile.
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