Attorneys representing Grohl, Novoselic, Weddle, Love, Cobain, photographer Kirk Weddle, Nirvana and UMG Recordings filed a joint complaint in December arguing to dismiss the case because Elden “spent three decades profiting from his celebrity as the self-anointed ‘Nirvana Baby’” and added the statute of limitations on the claims expired in 2011. Lawyers for Elden, now 30, claimed the band “intentionally commercially marketed Spencer’s child pornography” by using the image of him as a nude infant in a swimming pool, according to the lawsuit filed in August. The legal case also alleges that Nirvana had promised to cover Eldens genitals with a sticker, but the agreement was not upheld. Nevermind was released in 1991 and the cover shows an infant Elden in a swimming pool with his genitalia exposed. If they refile by the deadline, Nirvana’s lawyers will have two weeks to respond to the new suit.

If Elden’s lawyers miss the new deadline, the lawsuit remains dismissed. The judge gave lawyers for Elden a January 13 deadline to file an amended complaint. Spencer Elden, who was photographed nude as an infant and appears on the cover of Nirvana’s Nevermind album, is suing the band over the image. Lawyers representing Nirvana did not immediately respond to a request for comment from Forbes.

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