8-K

UNITED STATES

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):

December 4, 2008

THE CHEESECAKE FACTORY INCORPORATED

(Exact Name of Registrant as Specified in its Charter)

Delaware	0-20574	51-0340466
(State or other jurisdiction of incorporation)	(Commission File Number)	(IRS Employer Identification No.)

26901 Malibu Hills Road

Calabasas Hills, California 91301

(Address of principal executive offices) (Zip Code)

Registrant’s telephone number, including area code:

(818) 871-3000

Not Applicable

(Former name or former address, if changed since last report)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14.d-2(b))

o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

ITEM 8  - OTHER EVENTS

ITEM 8.01            OTHER EVENTS

In a press release dated December 5, 2008, The Cheesecake Factory Incorporated (the “Company”) announced the opening of its newest Cheesecake Factory restaurant at the Westfield Annapolis mall in Annapolis, Maryland on December 4, 2008.  The restaurant contains approximately 8,300 square feet and 235 seats.

This location is the first of the Company’s smaller prototype restaurants built to support its full menu, but at an investment cost appropriate for the restaurant’s size and expected volume, which will position the restaurant to deliver returns that are consistent with the returns from the Company’s larger restaurants.  This opening also marks the Company’s final new restaurant opening for fiscal 2008 having met its goal of opening six Cheesecake Factory restaurants and the initial unit of RockSugar Pan Asian Kitchen this year.

The full text of the press release is attached as Exhibit 99.1 to this report and is hereby incorporated by reference herein.

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SECTION 9 – FINANCIAL STATEMENTS AND EXHIBITS

ITEM 9.01     FINANCIAL STATEMENTS AND EXHIBITS

(d)Exhibits

99.1Press release dated December 5, 2008 entitled, “The Cheesecake Factory Opens in Annapolis, Maryland”

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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:	December 5, 2008	THE CHEESECAKE FACTORY INCORPORATED
		By:	/s/ CHERYL M. SLOMANN
			Cheryl M. Slomann
			Interim Chief Financial Officer and Vice President, Controller

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EXHIBIT INDEX

Exhibit	Description
99.1	Press release dated December 5, 2008 entitled, “The Cheesecake Factory Opens in Annapolis, Maryland”

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EX-99.1

Exhibit 99.1

PRESS RELEASE

FOR IMMEDIATE RELEASE	Contact: Jill Peters
	(818) 871-8342
	jpeters@thecheesecakefactory.com

THE CHEESECAKE FACTORY OPENS IN ANNAPOLIS, MARYLAND

Calabasas Hills, CA – December 5, 2008– The Cheesecake Factory Incorporated (NASDAQ: CAKE) today announced the opening of its newest Cheesecake Factory restaurant at the Westfield Annapolis mall in Annapolis, Maryland on December 4, 2008.  The restaurant contains approximately 8,300 square feet and 235 seats.

“Our new location in Annapolis is the first of our smaller prototype restaurants built to support our full menu, but at an investment cost appropriate for the restaurant’s size and expected volume.  This will position the restaurant to deliver returns that are consistent with the returns from our larger restaurants,” said David Overton, Chairman and CEO.  “This opening marks our final new restaurant opening for fiscal 2008 having met our goal of opening six Cheesecake Factory restaurants and the initial unit of RockSugar Pan Asian Kitchen this year.”

About The Cheesecake Factory Incorporated

The Cheesecake Factory Incorporated created the upscale casual dining segment in 1978 with the introduction of its namesake concept and continues to define it today with the two highest productivity concepts in the industry.  The Company operates 145 restaurants throughout the U.S. under The Cheesecake Factoryâ name with an extensive menu of more than 200 items and fiscal 2007 average annual unit sales of approximately $10.4 million.  Grand Lux Cafeâ, the Company’s second concept, has 13 units in operation across the U.S. offering a broad menu of more than 150 items and average annual unit sales of approximately $12.7 million in fiscal 2007.  The Company also operates one unit of its newest concept, RockSugar Pan Asian Kitchenä, and two bakery production facilities in Calabasas Hills, CA and Rocky Mount, NC that produce over 60 varieties of quality cheesecakes and other baked products.  Additionally, the Company licenses two bakery cafe outlets to another foodservice operator under The Cheesecake Factory Bakery Cafeâ mark.  For more information, please visit thecheesecakefactory.com.

The Cheesecake Factory Incorporated

26901 Malibu Hills Road, Calabasas Hills, CA 91301 · Telephone (818) 871-3000 · Fax (818) 871-3100

Safe Harbor Statement

This press release contains forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995.  Forward-looking statements in this release are generally identified by words such as “believes,” “anticipates,” “plans,” “expects,” “will,” and “would,” and similar expressions that are intended to identify forward-looking statements.  Forward-looking statements involve known and unknown risks, uncertainties and other factors that may cause the actual results, performance or achievements of the Company to be materially different from any future results, performance or achievements expressed or implied by forward-looking statements.  Investors are cautioned that forward-looking statements are not guarantees of future performance and that undue reliance should not be placed on such statements.  Forward-looking statements speak only as of the dates on which they were made.  The Company undertakes no obligation to publicly update or revise any forward-looking statements or to make any other forward-looking statements, whether as a result of new information, future events or otherwise unless required to do so by the securities laws.  Investors are referred to the full discussion of risks and uncertainties associated with forward-looking statements and the discussion of risk factors contained in the Company’s filings with the Securities and Exchange Commission.These filings are available on a website maintained by the Securities and Exchange Commission at www.sec.gov.

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