Judge dismisses Nirvana 'Nevermind' baby lawsuit
Spencer Elden is suing the band for child exploitation
A judge in California has dismissed ‘Nevermind’ baby Spencer Elden’s child exploitation lawsuit against Nirvana.
30-year-old Spencer Elden filed a complaint at Los Angeles federal court last August claiming that the 1991 image in a swimming pool chasing a dollar bill is child sexual exploitation and violates federal child pornography statutes.
In November, Elden updated his complaint and alleged amongst other things that the photographer behind the ‘Nevermind’ artwork, Kirk Weddle, also took pictures of him styled to look like late Playboy founder Hugh Hefner.
Last month, Nirvana’s estate hit back at Elden and argued that the image isn’t child pornography.
Nirvana said: “A brief examination of the photograph, or Elden’s own conduct (not to mention the photograph’s presence in the homes of millions of Americans who, on Elden’s theory, are guilty of felony possession of child pornography) makes that clear.”
Also stating that the statute of limitations for the lawsuit expired more than 10 years ago, the estate wrote: “Elden has spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby’”
As Spin Magazine reports, Judge Fernando M. Olguin dismissed the case “with leave to amend” on Monday (3rd January) at the US District Court in Central California.
Judge Olguin dismissed the case as Elden’s legal team missed the Thursday 30th December deadline to file an opposition to the Nirvana estate’s request for the lawsuit to be thrown out.
Elden’s representatives now have until Thursday 13th January to refile their opposition.
Spin quotes the paperwork as saying: “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.”
Kurt Cobain's life in pictures:
Kurt’s childhood home in Aberdeen, Washington
His parents Wendy and Donald Cobain bought the house in 1969 when Kurt was two and he lived there until they separated when he was nine.
Kurt with younger sister by three years Kimberly in the mid 1970s
Kurt celebrates a childhood birthday with his family
Kurt and Kimberly stand outside their Aberdeen home
When their parents split in 1976, Kurt went to live with his father and Kim lived with her mother.
Showcasing an early talent for music, Kurt plays piano at his childhood home
Kurt’s attic bedroom pictured in 2013
More than a quarter of a century after Kurt last habited the room, his graffiti – including an Iron Maiden logo – still adorns the walls.
Led Zeppelin graffiti Kurt penned on his bedroom wall
An Aberdeen Junior High School photo of a young Kurt Cobain
A teenage Kurt at his Washington home
Kurt playing guitar in his attic room
His walls are decorated with Black Flag and hardcore punk band Dr. Know gig posters.
May 1986: Kurt was arrested aged 19
He was arrested for trespassing on an abandoned building in Market Street, Aberdeen. He was also arrested a year earlier for spray painting on pick-up trucks.
1991: Nirvana's Kurt Cobain, Krist Novoselic and Dave Grohl in London
August 1991: Nirvana perform at Reading Festival
September 1991: A 'Nevermind' launch show at New York’s Tower Records
5th November 1991: Kurt onstage at Nirvana’s sold-out gig at The Astoria Theatre in London
November 1991: Kurt crowdsurfing in Frankfurt, Germany
1991: Kurt at Hilversum Studios, Holland
1991: Kurt at Hilversum Studios, Holland
August 1992: The Kerrang! Magazine cover featured a very sombre Kurt
It included a play on The Smiths lyrics 'Heaven Knows I'm Miserable Now'.
December 1993: A second Kerrang! Magazine cover
16 months later and the tone of the cover is very different with the title: 'Hugs Not Drugs! Kurt Gets Happy!'.
1992: Kurt performing live in a maid’s outfit
1992: Nirvana at the MTV Video Music Awards
August 1992: Nirvana’s legendary Reading Festival performance
9th April 1993: Kurt on-stage with Nirvana at the Cow Palace in Daly City, California
Appearing alongside L7 and The Breeders, the gig was a Bosnian Rape Victim Benefit.
July 1993: Performing at the Roseland Ballroom, New York
1993: Kurt with his wife Courtney Love and one-year-old daughter Frances Bean at the MTV Video Music Awards in Los Angeles
Kurt and Courtney married in Hawaii in March 1992 with Kurt infamously wearing his pyjamas to the ceremony!
1993: Kurt at the MTV VMAs ceremony, Los Angeles
1993: At the 10th annual MTV Video Music Awards
Nirvana pose with director Kevin Kerslake after receiving an award for best alternative video for 'In Bloom' at the 10th annual MTV Video Music Awards.
Kurt pretends to pick his nose with daughter Frances Bean
November 1993: Recording Nirvana’s legendary MTV Unplugged session
December 1993: Performing at MTV Live and Loud, Seattle
February 1994: Live at The Palace, Melbourne
25th February 1994: Nirvana live at Palatrussardi indoor arena in Milan Italy
Their last ever gig took place at Terminal 1 in Munich, Germany six days later.
April 1994: Kurt Cobain dies
171 Lake Washington Blvd East Seattle, Washington, the site of Cobain's death.
16th April 1994: The Kerrang! Magazine cover, 11 days after the Nirvana’s legend’s untimely death
The Sonic Youth t-shirt Kurt wore at Nirvana’s final live performance in Munich, March 1994
The garment was auctioned at the Hard Rock Café in London in July 2012.
2011: A small park in Aberdeen was named ‘Kurt Cobain Landing’ in Kurt’s honour
This plaque quoting Something In The Way lyrics overlooks the Wishkah River.