In the motion to dismiss, lawyers for surviving band members Dave Grohl and Krist Novoselic as well as Courtney Love (wife of the late Kurt Cobain) and photographer Kirk Weddle claimed Elden’s child-pornography allegation was “on its face, not that serious.” The lawyers continued that Elden previously did not seem to mind the cover.

The BBC reports that Spencer Elden, now 30, failed to respond to a motion to dismiss by representatives of the band, leading a California judge to dismiss the case. Update Tuesday, January 4, at 10:00 a.m.: The lawsuit against Nirvana brought by the person who appeared naked on the cover of Nevermind as a baby has been dismissed. In the refiling, while Elden still alleges Nirvana profited off child pornography via the cover, he drops a claim that the cover also constituted sex trafficking. A judge had previously dismissed the suit after Elden did not respond to a motion in time. Spencer Elden, who appeared naked on the album cover as a baby, refiled his lawsuit claiming the cover was child pornography, per Rolling Stone. Update Thursday, January 13, at 1:20 p.m.: Never mind - the lawsuit over the cover of Nirvana’s Nevermind is back on.

Nirvana nevermind cover art