A judge threw out a lawsuit that was filed by a man who was featured on the cover of Nirvana's iconic 1991 rock album "Nevermind."
Multiple news outlets reported that Spencer Elden failed to respond to Nirvana's motion for dismissal by the Dec. 30 deadline.
According to the BBC, Judge Fernando M Olguin dismissed the case "with leave to amend," giving Elden until Jan. 13 to refile the lawsuit.
Elden, 30, was a baby when he was featured on the "Nevermind" cover. It shows him swimming nude in a pool with his genitals exposed. The photograph was shot by Erik Weddle in 1991, who was reportedly friends with Elden's father.
Elden's lawsuit accused the band of sexual exploitation and violating federal child pornography statutes.
Elden filed the lawsuit in New York against the band, surviving members Dave Grohl, Krist Novoselic and Pat Smear, the estate of Kurt Cobain, Weddle and several music catalogs, including Warner Records, MCA Music and Universal Music Group.
In the suit, Elden sought $150,000 from each defendant for what he calls "lifelong damages."
