Late last month, the band sought to have it dismissed as they argued that Elden’s claims are “barred by the applicable statute of limitations” and that “Elden’s claim that the photograph on the Nevermind album cover is ‘child pornography’ is, on its face, not serious.” “Failure to timely file a Second Amended Complaint shall result in this action being dismissed without prejudice for failure to prosecute and/or failure to comply with a court order,” the ruling states.Įlden, who was the newborn featured on Nirvana’s iconic Nevermind cover in 1991, filed the lawsuit in California in August, claiming the photo of the four month old baby swimming underwater in the nude with his genitalia exposed constitutes child pornography.
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