UPDATE: A judge dismissed the case against Nirvana on Monday, Jan. 3.
The defendants, which also include Universal Music Group and The David Geffen Company, filed to dismiss the lawsuit on Dec. 22. Since the plaintiff, Spencer Elden, did not file any opposition to the motion before the Dec. 30 deadline, a judge granted the dismissal.
However, it was “dismissed with leave to amend” and Elden has until Jan. 13 to file a Second Amended Complaint.
In a statement to E! News, Elden’s attorney said his team intends to continue with the child pornography case. “In accordance with the court’s order we will be filing a Second Amended Complaint very soon,” the lawyer 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 lawsuit on their hands.
On Aug. 24, the man who was photographed naked underwater as a baby for the band’s iconic 1991 Nevermind album cover filed a lawsuit alleging that he was a victim of child pornography.