Nirvana has filed another motion to dismiss in their ongoing legal dispute with Spencer Elden, who is accusing them of sexually exploitive imagery on the Nevermind cover.
In the filing obtained by SPIN, Nirvana’s counsel makes their stance clear: “This case must end.” Nirvana is asking the court “for an order dismissing this action, with prejudice” and, once again, “on the ground that it is barred by the statute of limitations.”
Based on Elden’s allegations, Nirvana says that “no amendment is possible to salvage the claim.” Continuing, the motion says “In his ever-shrinking pleading, Elden has now dismissed all but one of the myriad state- and federal-law claims he previously attempted to charge against Defendants.” It also said that the 10-year statute doesn’t cover when Elden was a minor (he would have been 18 at the time and turned 28 in 2019).
Nirvana also hit back at Elden by stating that he capitalized on his fame as the Nevermind baby. “Indeed, Elden, long before 2011, celebrated and found his own ways to monetize his fame as the ‘Nirvana Baby.’ Thus, the 10-years-from-discovery-of-violation-that-occurred-as-a-minor provision does not save his claim.”
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Earlier this month, Nirvana successfully had the case dismissed due to Elden’s legal team missing a December 30 deadline to file an opposition to Nirvana’s motion to dismiss the lawsuit. The judge gave Elden’s team two weeks to file paperwork which they submitted on January 12. The suit is seeking “damages arising out of each Defendant’s violations during the 10 years preceding the filing of this action and since, of federal child pornography and commercial child exploitation statutes.”
A hearing is scheduled to take place on February 24 at 10 am in Los Angeles.
Pamela Chelin contributed to this report.
