================================================================================ SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 ___________________ FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): January 28, 2004 THE CHEESECAKE FACTORY INCORPORATED (Exact Name of Registrant as Specified in its Charter) Delaware 0-20574 51-0340466 (State or other jurisdiction (Commission File Number) (IRS Employer of incorporation) Identification No.) 26950 Agoura Road Calabasas Hills, California 91301 (Address of principal executive offices) Registrant's telephone number, including area code: (818) 871-3000 Not Applicable (Former name or former address, if changed since last report) ================================================================================ ITEM 5. OTHER EVENTS On January 28, 2004, The Cheesecake Factory Incorporated issued a press release entitled "The Cheesecake Factory Opens in Birmingham, Alabama." A copy of the press release is attached as Exhibit 99.1. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. Date: January 28, 2004 THE CHEESECAKE FACTORY INCORPORATED By: /s/ GERALD W. DEITCHLE ---------------------------- Gerald W. Deitchle President EXHIBIT INDEX Exhibit Description --------------------- ------------------------------------------------------- 99.1 Press Release dated January 28, 2004 entitled "The Cheesecake Factory Opens in Birmingham, Alabama."