UPDATE: A judge dismissed the case against Nirvana Monday, January 3.
The defendants, which also include Universal Music Group and The David Geffen Company, filed for dismissal of the lawsuit on December 22. From the applicant, Spencer Elden, did not file any opposition to the motion by the Dec. 30 deadline, a judge granted the dismissal.
However, it was “dismissed with leave to amend” and Elden has until January 13 to file a second amended complaint.
In a statement to E! News, Elden’s attorney said his team intends to pursue the child pornography case. “Pursuant to the court order, we will be filing a second amended complaint very shortly,” the attorney said. “We are confident that Spencer will be allowed to move forward with the case.”
Instead of a hit, the members of Nirvana now have a legal case on their hands.
On August 24, the man who was photographed naked underwater as a baby for the band’s iconic 1991 It does not matter cover of the album filed a lawsuit alleging he was the victim of child pornography.