A judge has dismissed the lawsuit filed against the surviving members of Nirvana over the cover image of their iconic ‘Nevermind’ album.
Last year, Spencer Elden – the baby pictured naked on the front of the album – sued a number of people and companies associated with the record, including Nirvana band members Dave Grohl and Krist Novoselic, as well as the Kurt Cobain’s widow, Courtney Love, who is the executor. of the Cobain estate. Elden’s lawsuit claimed that the image on the cover was taken and used without her consent and that the nudity amounted to a child abuse image.
Besides Grohl, Novoselic, and Love, defendants in Elden’s trial include Cobain, who died in 1994; musical directors Guy Oseary and Heather Parry, who manage Cobain’s estate; photographer Kirk Weddle; art director Robert Fisher; Original Nirvana drummer Chad Channing (who was replaced by Grohl long before “Nevermind” was conceived and released) and a variety of record labels (some of which are now defunct) who handled the album to some extent. measurement since its release in 1991.
Two weeks ago, attorneys for Grohl, Novoselic, Weddle, Love, Cobain, Nirvana, LLC, MCA Records, UMG Recordings, Inc., Universal Music Group, Inc., The David Geffen Company and Geffen Records jointly requested the dismissal of Elden’s Trial, stating that Elden had “spent three decades enjoying his stardom as a self-anointed ‘Nirvana Baby'” and that the trial was barred.
“Nevermind”, which celebrated its 30th anniversary last year, was released in 1991.
On Monday evening, Judge Fernando M. Olguin, who was presiding over the case in the U.S. District Court for Central California, dismissed the case after Elden missed his deadline to file an objection to the defendants’ motion to dismiss.
The deadline was December 30.
However, Justice Olguin’s removal was made “with leave to amend.” Therefore, although the lawsuit was dismissed, Elden was given a second chance to file a new lawsuit – one that corrects alleged “flaws” in the defendants’ motion to dismiss, such as the allegation that the trial is barred. .
If Elden misses the new Jan. 13 deadline, the lawsuit will be dismissed “without prejudice” and the case will be considered closed.
If Elden files a new case before Jan. 13, attorneys for the defendants will have another two weeks to file a response to the new complaint.
“Plaintiff is cautioned that failure to timely file a Second Amended Complaint will result in the dismissal of this action without prejudice for failure to prosecute and/or failure to comply with a court order,” the decision reads.
Judge Olguin also ordered that, if the defendants wish to seek another motion to dismiss the lawsuit, then “counsel for the parties shall, on January 20, 2022, at 10:00 a.m., meet and confer in person or by videoconference to discuss the defendants’ motion to dismiss.” The motion to dismiss should, therefore, include details and letters of the “meet and confer” process. Failure to do so will result in the motion to dismiss.