Music Nirvana Nevermind child pornography lawsuit dismissed by judge Spencer Elden, who was photographed naked as a baby for the Nevermind album cover, missed his deadline to file an opposing motion to the defendants' motion to dismiss. By Nick Romano Nick Romano Nick is an entertainment journalist based in New York, NY. If you like pugs and the occasional blurry photo of an action figure, follow him on Twitter @NickARomano. EW's editorial guidelines Published on January 4, 2022 12:39PM EST A judge dismissed a lawsuit filed by Spencer Elden, who was photographed as a naked baby on the cover of Nirvana's Nevermind album cover and, now as an adult, accused the band and Geffen Records of profiting off child pornography, according to court documents obtained by EW. Elden's lawsuit, filed in August, stated the album's image art was taken and used without his consent, and that the nudity of the photo amounted to child porn. The list of defendants named in the suit included former Nirvana members Dave Grohl, Krist Novoselic, and Chad Channing; Kurt Cobain's widow Courtney Love and two other managers of his estate; photographer Kirk Weddle and art director Robert Fisher; plus Geffen Records, Warner Records, and Universal Music Group. Spencer Elden, the 'Nevermind' cover baby all grown up, is refiling his suit against Nirvana. Variety reported in December that attorneys for Grohl, Novoselic, Weddle, Love, Cobain, Nirvana, L.L.C., MCA Records, UMG Recordings, Inc., Universal Music Group, Inc., The David Geffen Company and Geffen Records jointly sought a dismissal of Elden's suit. In the motion to dismiss, they reportedly argued the suit was time-barred and that Elden "spent three decades profiting from his celebrity as the self-anointed 'Nirvana Baby.'" Judge Fernando M. Olguin presided over the case at the U.S. District Court in Central California and dismissed the suit on Monday after Elden missed the deadline of Dec. 30 to oppose the defendants' motion to dismiss, according to documents obtained by EW. The dismissal was given "with leave to amend," so Elden could file a new complaint on the "defects" in the defendants' motion to dismiss. But he must do so by Jan. 13 or the suit will officially be dismissed without prejudice. — Additional reporting by Celine Wojtala Related content: The Nevermind cover baby, all grown up, is suing Nirvana for child pornography Nirvana baby recreates Nevermind album cover 25 years later Nirvana's Nevermind album cover: Behind the scenes of the iconic photoshoot