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On Monday night, Judge Fernando M. Olguin dismissed the lawsuit filed against the surviving members of Nirvana by the model featured in the cover image of Nevermind, according to Variety.

As previously reported, Spencer Elden, who famously appeared on the cover of Nirvana’s landmark 1991 album Nevermind as a baby, was suing the band and other parties (including Courtney Love) on child pornography charges. The suit also included music managers Guy Oseary and Heather Parry, who manage Cobain’s estate; photographer Kirk Weddle; art director Robert Fisher; Nirvana’s original drummer Chad Channing (who Grohl replaced for Nevermind) and a couple of record companies (including some that are no longer in business).

But the suit isn’t totally over: according to Variety, Judge Olguin, who was presiding over the case at the U.S. District Court in Central California, dismissed the case after Elden missed his deadline to file an opposition to the defendants’ motion to dismiss. The deadline was Dec. 30. But Elden has been given a second chance to refile a new complaint. However, if Elden misses the new deadline of Jan. 13. the suit will be dismissed “without prejudice,” and the matter will be considered closed.

If Elden does refile by Jan. 13, the defendants’ lawyers will have a further two weeks to file a reply to the new suit.

BY THE NUMBERS: Nirvana’s ‘Nevermind’