The endless, nameless saga continues: the child pornography and endangerment lawsuit filed against Nirvana by Spencer Elden, who appeared naked on the iconic cover of the band's seminal 1991 Nevermind at four months old, has been dismissed.
After filing a claim alleging the sexual nature of the photograph (and the consequent "injuries" and "lifelong damages" he sustained) against the band's surviving members, Kurt Cobain's widow Courtney Love and other Nirvana associates in August of last year, the now-30-year-old plaintiff missed a December 30, 2021 deadline to respond to the defendants' motion to dismiss the suit.
Dave Grohl had publicly disavowed the claims by responding to news of the legal battle in interviews — including reminding everyone that Elden has a Nevermind tattoo — but it wasn't until December 22 that the Nirvana estate officially responded to the case and filed a motion to dismiss it.
As previously reported, they pointed to the statute of limitations having expired over a decade ago. They also called Elden's claims "not serious" and drew attention to its dissonance with how the plaintiff had previously embraced the image as his claim to fame.
According to the latest Central District of California US District Court documents obtained by The Hollywood Reporter, Elden will have until January 13 to file an amended complaint. However, the hearing once scheduled for January 20 has been vacated. His complaint is now "dismissed with leave to amend."
In November, Elden amended the lawsuit with claims that he was also shot as Hugh Hefner by Nevermind photographer Kirk Weddle, as well as excavating Cobain's old journal entries and dropping onetime drummer Chad Channing as a defendant.
The former cover baby sought $150,000 USD in damages from each defendant and requested that the artwork be changed for all future releases of the album, like last year's 30th anniversary expanded reissue.
After filing a claim alleging the sexual nature of the photograph (and the consequent "injuries" and "lifelong damages" he sustained) against the band's surviving members, Kurt Cobain's widow Courtney Love and other Nirvana associates in August of last year, the now-30-year-old plaintiff missed a December 30, 2021 deadline to respond to the defendants' motion to dismiss the suit.
Dave Grohl had publicly disavowed the claims by responding to news of the legal battle in interviews — including reminding everyone that Elden has a Nevermind tattoo — but it wasn't until December 22 that the Nirvana estate officially responded to the case and filed a motion to dismiss it.
As previously reported, they pointed to the statute of limitations having expired over a decade ago. They also called Elden's claims "not serious" and drew attention to its dissonance with how the plaintiff had previously embraced the image as his claim to fame.
According to the latest Central District of California US District Court documents obtained by The Hollywood Reporter, Elden will have until January 13 to file an amended complaint. However, the hearing once scheduled for January 20 has been vacated. His complaint is now "dismissed with leave to amend."
In November, Elden amended the lawsuit with claims that he was also shot as Hugh Hefner by Nevermind photographer Kirk Weddle, as well as excavating Cobain's old journal entries and dropping onetime drummer Chad Channing as a defendant.
The former cover baby sought $150,000 USD in damages from each defendant and requested that the artwork be changed for all future releases of the album, like last year's 30th anniversary expanded reissue.
