The “Nevermind” Baby’s Child Pornography Lawsuit Against Nirvana May Be Dismissed Because He Missed A Filing Deadline

Spencer Elden, the man who thinks anybody who had a poster of Nirvana’s Nevermind album hanging over their bed in the 90s is a sexual deviant, has had some bad news regarding his child pornography case against the band because he failed to respond in a timely manner to a motion requesting the suit be tossed out. Last summer, Spencer filed a lawsuit against members Nirvana and others including Dave Grohl and Krist Novoselic as well as Kurt Cobain’s estate and therefore Courtney Love, executive of said estate. Spencer was seeking $150,000 from each of the 17 named defendants claiming his little baby pee-pee being used to sell records was tantamount to sex trafficking and child pornography. USA Today reports that the baby who appears naked, reaching for a dollar bill on the iconic album cover had until December 30, 2021 to respond to a motion to dismiss filed by the defendants, but I guess he must have overslept. It’s hard keeping a regular schedule when your job title is Disgruntled Baby Penis Model.

Spencer claimed in his suit that the photo he recreated for lol’s on numerous occasions over the years, harmed him “emotionally and physically — for the rest of his life.” As recently as 2016 he told the New York Post “he volunteered to do his latest iteration of the cover naked, but the photographer ‘thought that would be weird.’” His dad, Rick Elden, was paid $200 for the shoot when Eldon was just 4-months old and hung like a baby. His dad’s not listed as a defendant but the photographer is. Spencer is/was seeking a jury trial. USA Today reports:

A California judge granted on Monday a motion to dismiss a recent child pornography lawsuit brought forward by the man who appeared as a baby on the cover of Nirvana’s famous “Nevermind” album.

The lawsuit – filed in August against members of the former band, its music executives and the photographer from the shoot – was brought forward by 30-year-old Spencer Elden, who claimed he will “suffer lifelong damages” thanks to the album cover, which depicts him as a baby with his genitals showing on the cover of their 1991 hit album.

After the defendants motioned for the lawsuit’s dismissal Dec. 22, Elden and his legal team had until Dec. 30 to file an opposition, but did not do so, according to legal documents filed Monday and obtained by USA TODAY.

For all you perverts out there who ever owned the t-shirts, posters, and CDs and think that this news means you don’t have to rot in internal damnation for engaging with child pornography, I have bad news for you. If Spencer can get his shit together, he still has another chance to pursue the suit. The judge has given him a new deadline of Jan. 13 to amend his complaint to make it less ridiculous. USA Today reports:

Therefore, an oral argument originally scheduled for Jan. 20 was vacated, though United States district judge Fernando M. Olguin granted Elden “one last opportunity” until Jan. 13 to amend his complaint before the case is tossed out once and for all.

TMZ adds that they spoke with Spencer’s team and have been told “In accordance with the court’s order we will be filing a Second Amended Complaint very soon. We are confident that Spencer will be allowed to move forward with the case.” I guess it took them so long to respond because they were busy over the holidays at Kinko’s ordering mounted, glossy, poster-sized prints of Spencer’s baby penis and a shit ton of laser pointers to use during the trial. If the case gets tossed, maybe Spencer can recoup his losses by signing them and selling them on eBay.

Pic: Wenn.com